Patent plays an important role in biotechnology development. The significance of commercialization of intellectual capital has been realized in university recently (Mallick 2016). Patent holders can benefit from their inventions by having sole proprietorship to commercialize their research findings. To increase the multidisciplinary approach in agricultural biotechnology in India, increasing number of universities and research
institutes began to integrate the national intellectual property system by means of patenting and technology transfer activities. This increases the culture of innovation and enhances the importance of protecting the research result. The agricultural sector in India experiences a major paradigm shift in the late 1990s from the Convention on Biological Diversity (CBD) and the Agreement under the World Trade Organization (WTO).
Provision under the TRIPs Agreement of the WTO established enforceable universal minimum standard of protection for all major forms of IPR, of individuals or institutions, for new knowledge, skills, technologies and products developed by them (www.wipo.int/edocs/lexdocs/laws/en/in/in018en.pdf, accessed on 14 January 2016).
Moreover, it extended the application of the IPR regime to living things and agriculture research. It is in this context discussion on patents has a major influence on the future of agricultural research. Commercialization of knowledge is preferred through acquiring patents rather than traditional mode of publishing. University’s scientists are encouraged to apply for patents. The changing orientations of scientists towards commercialization are a by-product of both economic reforms and individual scientific curiosity. This suggests transition in the traditional mode of university system. Still publication is preferred by scientists working in academia and basic research areas.
While looking at patents owned by the scientists at various research institutes, central universities, state universities, 3.7 per cent of scientists have 4-5 US patents, 9.9 per cent of scientists have 2-3 US patent and 9.9 per cent of scientist have one US patent (see Table 3.1). This suggests that agricultural biotechnologists in India holding on US patent are low with less number of scientists having right on these patents. This also indicates that innovation and knowledge production in the international arena is low and needs an increased and integrated partnership with the various actors at regional, national and international levels. This also indicates policy level changes at national level which
will facilitate better networking with the individual and group innovators. Similarly, when we look at number of European patents owned by the scientists engaged in agricultural biotechnology, nearly 10 per cent of scientists owned European patents, out of which 2.5 per cent have one European patent and another 2.5 per cent are the holders of 2-3 European patents. Around 3.7 per cent of scientists are the owners of 4-5 European patents. 45.9 per cent of scientists interviewed have owned Indian Patents.
This shows that a majority of scientists have more number of Indian patents than the European and US patents.
This indicates the slow spreading of royalties in universities and research institutions in agricultural biotechnology in India. These patents can provide a source of income to research institutions. An increased number of patents filed/owned by the scientists at varied research institutions in India indicate a growing number of innovations and creation of knowledge society for the utilization of solving the real world problems.
Table 3.1: Classification of Scientists by Different Patents since 1991
Patents Scientists (N=81)
US Patents European Patent Indian Patent Number (Percentage) Number (Percentage) Number (Percentage)
No 62 (76.5) 73 (90.1) 43 (53.1)
One 8 (9.9) 2 (2.5) 20 (24.7)
2-3 8 (9.9) 2 (2.5) 9 (11.1)
4-5 3 (3.7) 3 (3.7) 4 (4.9)
6+ 0 1 (1.2) 5 (6.2)
Total 81 (100) 81 (100) 81 (100)
3.9.1 Pattern of Collaborative Patents
Let us look at the pattern of collaborative patents held by the Indian scientists in different institutional settings in India. Patents evolved out of interdisciplinary collaboration are more as compared to intercontinental and inter-institutional
collaboration. Scientists from international public organizations like ICRISAT, ICGEB, and other mission-oriented and institutes of national importance like Indian Institute of Technology (IITs) tend to have more patents than scientists from state universities and central universities (see Table 3.2). This implies that the objective of universities is more of teaching, and much of their resources and time is spent on teaching and mentoring students, on account of which scientists from universities and academic institutions tend to have less patents than the research and mission-oriented institutions and organizations.
Around 30.9 per cent of scientists are the holders of one or two patents involving interdisciplinary collaboration with both national and international agencies. Around 4.9 per cent of scientists are involved in three or four interdisciplinary collaborative patents and 11.1 per cent of scientists are involved in more than five interdisciplinary collaborative patents with both international and national bodies. Scientists involved in interdisciplinary collaborative patents are more than the inter-institutional and intercontinental collaborative projects. This indicates that there is growing interdisciplinary collaborative networking and development of new networking communication within and outside India. This involves growing use of internet and emails for networking with the respective partners. Around 14.8 per cent of the scientists are involved in intercontinental collaboration. This suggests knowledge sharing between scientists with other continents is less and requires networking ties between the potential collaborators from different continents to focus on broader objectives in order to support global development goals. Around 7.4 per cent of the scientists interviewed are engaged in one or two intercontinental collaborative patents, 1.2 per cent of scientists are engaged in three or four intercontinental collaborative patents involving scientists from different continents and 6.2 per cent of scientists are engaged in more than five intercontinental collaborative patents with the scientist from different continents. Around 17.3 per cent of
scientists hold one or two inter-institutional patents, 4.9 per cent of scientists hold three- four inter-institutional patents and 6.2 per cent of scientists hold more than five inter- institutional patents which are the outcomes of inter-institutional collaboration.
Table 3.2: Classification of Scientists by Pattern of Collaborative Patents since 1991 Collaborative
Patents
Pattern of Collaborative Patents (N=81)
Interdisciplinary Intercontinental Inter-institutional Number (Percentage) Number (Percentage) Number (Percentage)
No 43 (53.1) 69 (85.2) 58 (71.6)
1-2 25 (30.9) 6 (7.4) 14 (17.3)
3-4 4 (4.9) 1 (1.2) 4 (4.9)
5+ 9 (11.1) 5 (6.2) 5 (6.2)
Total 81 (100) 81 (100) 81 (100)