Face2News/Chandigarh
A recent research publication by DST-Centre for Policy Research (CPR) at Panjab University entitled “Significance and Factors Hampering Patents Commercialization in India”, in the distinguished Journal of Intellectual Property Rights of CSIR-NIScPR, New Delhi highlights the issues pertaining to the patents commercialization profile of education and research institutions in India.
The Scientists (Mamta Bhardwaj and Amandeep Sandhu) of the Centre, which is being headed by Prof. Kashmir Singh, conducted a comprehensive analysis by extracting data from the prescribed ‘Form-27’ submitted to the Office of the Controller General of Patent,Design & Trade Marks (CGPDTM) by the patentees, which is mandatory to submit every year before 31st March.
The reasons mentioned by the patentees for non-commercialization (non-working) of the patents were collected from the official website of the CGPDTM.(SUBHEAD)
During the exercise it was also noticed that most of the patentees were reluctant to mention any reason for non-commercialization of the patents in the form or very lame reasons were citedlike‘Efforts made for commercialization, but unsuccessful’, ‘A customised version is being used of this technology or better technology available in the market’, ‘Lack of marketing support’, ‘Large scale production in progress’, ‘No availability of facilities, ‘Awaiting approval-transgenic material is being cleared by Genetic Engineering Appraisal Committee (GEAC)’, ‘Department of Atomic Energy (DAE) contacted’, etc.Although, there were some patents for which the exceptional and curious reasons were mentioned by the patentees. Some of them are:
1. Combined Heat and Power (CHP) sponsored the project, more research was to be carried out but as the project was time-limited, could not continue due to lack of funds.
2. Genetically Modified (GM) crops related – Govt. not taken any decision on the release of GM crops.
3. Hepatitis C Virus (HCV) animal model is not available in India, which is the major hindrance for testing in an animal before commercialization.
4. Kala-Azar (leishmanias) IS A POOR MAN’s DISEASE and affects the population in Bihar and other economically deprived areas of the country. Companies are hesitant to license the patent due to this reason.
5. The patent is not under any commercial utilisation because of some internal company policy.
6. The food industry is mostly dependent on synthetic colours to reduce the cost of production. In future due to the health benefits of natural colours, the patent may attract the processors.
7. The patent was filed along with Reliance, however, now they are not interested for the commercialization.
Any interested party like industries can access the Form-27 from the website for licensing the registered technologies and patents. So it is high time that every patentee should file the form every year and mention the actual and precise reason for non-commercialization status of the patents, so that the relevant licensor/company can approach them for commercializing the technology.
The Indian patents and technologies are being acquired by foreign markets and this scenario is not in the favour of the technological and economic development of the country.
The stakeholder and funding agencies from the state and central governments, education and research intuitions need to work in collaboration, moreover students/researchers needs to be encouraged and educated to participate more in research and further to exploit the research for the societal and economic development of the country.
