Patent Laws and Global Innovation Index: Need To Recognise Jugaad Innovations in India
National Law University, Jodhpur, India
Volume II – Issue I, 2020
Considering the sluggish growth in the Global Innovation Index (GII), a vast country like India needs both formal as well as informal innovations to improve its ranking. Improving the ranking would result in more investments and job creation because India will be seen as an ‘innovation friendly country.’ The IP regime is one of the most viable options India can use to promote innovations. In India, majority of the innovations fail to satisfy the rigid criterion under patent law to qualify for patent protection because they are generally minor improvements or Jugaad Innovations. The inventors find patent protection to be a costly affair and do not opt for patent protection. Patent laws should act as an encouragement to the innovators not vice versa. With the passing of time, the need to grant utility patents has increased significantly. Indian patent law’s inability to grant utility patents is a major cause for low number of patent applications being filed in India. Therefore, India should protect Jugaad Innovations under Utility Patents as to promote innovations at the grassroot level. A comparative study of different countries can also help India identify the obstacles in the promotion of innovations.