UTILITY PATENTS “Good for India or Not”

For TRIPS compliance, it is not essential for India to introduce the “Utility Models of Patents”. These categories of “Minor innovation patents” with limited requirements of patentability are considered to be ideal for protection of small innovations made by rural population, amateur inventors and students. Many of such inventions are popular with the consumers. Such “Utility Models of Patent”, popularly known earlier as “Petty Patents” are not available to Companies and Corporates. Introduction of “Utility Models of Patent” could help kindle a spirit of innovation amongst thousands of small innovators and enterprising students. This will also encourage creativity generally in the minds of the people of India. In short, the innovation spirit which is expected to be the duty of every citizen of India under Part IV A, Article 51 (A)(h) of the Constitution of India (Directive Principles) will get a boost by introduction of “Utility Models of Patent”.