India's patent filing surge masks a critical innovation gap. The nation filed a record 1.43 lakh patent applications in FY26, up 30 percent year-over-year, yet patent grants plummeted 36 percent to just 21,439. Startups received only 649 approvals despite being innovation drivers. The core issue lies in Section 3(k) of the Patent Act, which excludes software algorithms, leaving innovators in legal uncertainty. Administrative challenges compound the problem. A 2024 patent office restructuring promoted 370 examiners, creating staffing gaps that delayed processing. Though 407 new examiners were sanctioned in early 2025, training timelines mean recovery is just beginning. AI-related filings accelerated sevenfold over the past decade and now represent 28 percent of tech patents, yet India's approval timelines remain slower than advanced economies.
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