Enhancing Msme Innovations Through Utility Models: A Comprehensive Analysis From An Ipr And International Law Perspective

Abstract

Patents can be referred to as the guardians of providing exclusive rights to inventors and innovations for fostering progress of culture of a nation. These are foundational components of IP laws and a legal instrument granted for the creations. Patents are crucial for encouraging inventions, offering inventors a window for commercialization and a competitive edge for their innovation. But all ground-breaking ideas or innovations cannot be a revolutionary breakthrough. Many innovations develop through incremental advancements. These are modest but are meaningful enhancements of existing articles. It may not have a dramatic impact, but their collective contribution is undeniable to technological progress. These innovations represent a larger transformative development. Therefore, protection for such incremental inventions is pivotal. Innovators are at risk in exposure to intimations of these advancements. These incremental inventions frequently are a product of SMEs and MSMEs. These can be termed as ‘frugal innovations.’^[1] The frugal innovation can be referred to as ‘below the radar innovations’ or ‘bottom of pyramid innovations’ and can be considered as a quick-fix solution.^[2] The type of innovation has long term sustainability and scalability. As major corporations, MSMEs lack resources and funding for R&D. Therefore, incremental inventions become a survival point of these entities. The existing patent system can be a barrier for the incremental inventions because of strict patentability criteria, inventive steps, industrial applicability, and demands novelty. Incremental inventions may now have these thresholds forming a gap in the system making most of the inventions unprotected, therefore, MSMEs and SMEs face hurdles in obtaining patents for this advancement due to intensive requirements, therefore, a potential solution is required for these kinds of inventions. Under patents, utility patents have emerged as an important concept. Utility model systems are one of the solutions to foster innovations. This model is prevalent in various countries offering a unique procedure for securing inventions without a stringent requirement like of traditional patents. Comparing utility models, it is revealed that utility models have a set of eligibility requirements which are more relaxed and have a low demand of thresholds with a broader spectrum for innovation and novel processes to protect manufactured articles, composition, matters, machines, and valuable improvements making utility patents crucial for innovators. A comprehensive report authored by the Economic Advisory Council to the Prime Minister (EAC-PM) advocates for a legislative framework that grants protection to incremental innovations Patents can be referred to as the guardians of providing exclusive rights to inventors and innovations for fostering progress of culture of a nation. These are foundational components of IP laws and a legal instrument granted for the creations. Patents are crucial for encouraging inventions, offering inventors a window for commercialization and a competitive edge for their innovation. But all ground-breaking ideas or innovations cannot be a revolutionary breakthrough. Many innovations develop through incremental advancements. These are modest but are meaningful enhancements of existing articles. It may not have a dramatic impact, but their collective contribution is undeniable to technological progress. These innovations represent a larger transformative development. Therefore, protection for such incremental inventions is pivotal. Innovators are at risk in exposure to intimations of these advancements. These incremental inventions frequently are a product of SMEs and MSMEs. These can be termed as ‘frugal innovations.’^[1] The frugal innovation can be referred to as ‘below the radar innovations’ or ‘bottom of pyramid innovations’ and can be considered as a quick-fix solution.^[2] The type of innovation has long term sustainability and scalability. As major corporations, MSMEs lack resources and funding for R&D. Therefore, incremental inventions become a survival point of these entities. The existing patent system can be a barrier for the incremental inventions because of strict patentability criteria, inventive steps, industrial applicability, and demands novelty. Incremental inventions may now have these thresholds forming a gap in the system making most of the inventions unprotected, therefore, MSMEs and SMEs face hurdles in obtaining patents for this advancement due to intensive requirements, therefore, a potential solution is required for these kinds of inventions. Under patents, utility patents have emerged as an important concept. Utility model systems are one of the solutions to foster innovations. This model is prevalent in various countries offering a unique procedure for securing inventions without a stringent requirement like of traditional patents. Comparing utility models, it is revealed that utility models have a set of eligibility requirements which are more relaxed and have a low demand of thresholds with a broader spectrum for innovation and novel processes to protect manufactured articles, composition, matters, machines, and valuable improvements making utility patents crucial for innovators. A comprehensive report authored by the Economic Advisory Council to the Prime Minister (EAC-PM) advocates for a legislative framework that grants protection to incremental innovations recommending utility patent model for India. It stems as a recognition and a potential which can fuel innovation specifically in Atal Incubation Centers and Atal Tinkering Labs under Atal Innovation Mission. The report also emphasizes the 3 million utility patents filed globally in 2020. Utility patents are turned out as a relaxed eligibility requirement and cost effective as compared to traditional patents. It was established as a distinct category without diluting the robust patent regime. This strategic move if India incorporates can align the thriving hub of startups and MSMEs presenting utility patents as an alternative option of regular patents in the IP sector. Moreover, this model resonates with the objectives of IP offices worldwide, emphasizing accessibility, responsiveness, and inclusivity to the dynamic aspect of innovative endeavors.