India Patent Surge: Filing High, Grants Low

India has emerged as the world’s sixth-largest patent filer in FY26, with a record 1.43 Lakh patent applications, marking a 30% year-over-year increase. However, the number of patents granted decreased by 36% to 21,439. Startups, considered engines of disruption, received only 649 approvals.

According to reports, a complex interpretation of Section 3(k) of the Indian Patent Act is a primary obstacle. This section excludes algorithms and computer programs, creating a legal grey area for software innovators. Many applications do not meet the required threshold of demonstrable technical advancement, leading to numerous abandoned applications.

Administrative issues have further slowed progress. While a restructuring of the patent office in 2024 initially reduced backlogs, the promotion of 370 examiners created a void. Although the government approved 407 new examiners in early 2025, training programs have delayed the patent office’s recovery of its processing capacity.

Reports indicate that AI-related filings have increased sevenfold over the past decade, with generative AI accounting for nearly 28% of all tech patents. Critics argue that India’s approval timelines are slow compared to advanced economies, leaving high-quality innovation in regulatory limbo.

As India aims to become a global IP powerhouse, questions remain whether the administrative and legal framework can evolve quickly enough to convert the surge in patent applications into a genuine global competitive advantage.