INTRODUCTION
Universities are essential in advancing knowledge and technology in India, where students and researchers contribute innovatively in fields such as biotechnology and sciences, often resulting in patentable work.
While Indian law permits academic stakeholders to seek patent protection for their innovations, patent filings from this demographic remain disproportionately low due to significant institutional and systemic challenges within the patent application process[1]. These obstacles hinder ownership, control, and commercialisation of intellectual property generated by students.
This blog critically examines the Patents Act of 1970 and relevant institutional IP policies, highlighting procedural and financial barriers that impede the patenting of academic work. Despite the legal framework’s permissibility, it perpetuates disadvantages for student-driven innovations. Consequently, the blog advocates for structural and procedural reforms to enhance accessibility and support for academic patenting for students and researchers.
PATENTABILITY OF STUDENT & ACADEMIC RESEARCH UNDER INDIAN LAW
Students and scholars at various institutions research multiple subjects. This research often results in new inventions created by the students. Patents Act, 1970, s 2(1)(j)[2] states that “invention means a new product or process involving an inventive step and capable of industrial application.” This refers to any new matter that does not exist or produces something novel from existing products or processes, which has useful applications for industries and the general public. This definition focuses solely on the quality and nature of the invention, not on who produces it. It does not distinguish between inventions by students, scholars, or researchers. This indicates that students can certainly have their research or innovations patented according to the law.
Patents Act, 1970, s 6[3] says that any person who claims to be the true and first inventor of a product or process, any person claiming to be the assignee of such a person, any legal representative of such a person claiming to be the true inventor of a product or process, is considered to be eligible for the application of patents. This provision clearly includes students and other research scholars who create innovations and hold the right to acquire competent patents for their work. In principle, therefore, a student who develops a patentable invention is fully entitled to seek protection under the Indian law.
However, the Patents Act, 1970, does not address student-specific inventions or ownership from academic research, leading to ambiguity in cases involving institutional resources. Indian courts have yet to adjudicate on student inventorship, but they emphasize strict standards of inventorship and originality.
The Supreme Court, in Bishwanath Prasad Radhe Shyam v. Hindustan Metal Industries[4], affirmed that patent rights require novelty and inventive step, asserting entitlement based on substantial contributions. Similarly, in Novartis AG v. Union of India[5], The Court noted that only genuine inventions reflecting significant technical advancements qualify for patent protection.
Institutions typically govern intellectual property through internal policies; for instance, the Indian Institute of Technology Bombay’s IP policy states that inventions developed with institutional resources may belong to the institute, subject to revenue-sharing. Thus, student rights regarding their inventions are often shaped by institutional frameworks rather than clear statutory protections, which may lead to disputes over ownership and rights.
OWNERSHIP OF ACADEMIC INVENTIONS: STATUTORY SILENCE & INSTITUTIONAL CONTROL
While the Patents Act, 1970[6] allows students and academic scholars to patent their work, but it does not specifically address whether the ownership of such inventions should remain with the institutions or with the students. The Act remains largely silent on whether inventions created by students during their coursework, research, dissertations, or other curriculum belong to the universities or the students who are the true and first inventors of such work. This gap permits the institutions to formulate policies that favor their convenience and benefit with respect to such intellectual property[7].
Several invention-oriented institutions have adopted independent intellectual property policies for patenting the work produced by the students. One important example in this case is the policy of the Indian Institute of Technology, Mumbai (IITB)[8], which states that any invention or intellectual property created by the students or academicians in the due course of their curriculum or otherwise shall be owned by the institution. Since most research involves using faculty guidance or resources of the university, the institution lays down the policy that all rights are vested with them. [9]
These policies also contain disclosure clauses for the students before applying for a patent or releasing the idea to the general public[10]. Disclosure of inventions by students may lead to a risk of ideas being stolen. Students or researchers do not have the right to claim ownership or control of such patents in their own name. Revenue generated by the patenting of such inventions by the universities or institutions can be shared with the true and first inventor of the product or process in question[11].
Students, on admission to the institute, are obliged to accept the institutional policies, thereby making them contractually bound to the conditions of patenting inventions. Further, not allowing students to claim ownership of their intellectual property makes them similar to employees working for an organization, except that they are statutorily bound. Consequently, ownership of student inventions is determined by the institutional policies rather than the patent law itself, providing disincentives to students and academic researchers.
PRACTICAL BARRIERS FACED BY STUDENT INVENTORS
Besides the issues of ownership, students face several other problems in the individual filing of patents. The most prominent ones are financial and procedural barriers that students face. Patent filing is a fairly expensive activity, especially for students. The procedural intricacies of patent enforcement discourage student innovators. In the case of Bajaj Auto Ltd. v. TVS Motor Company Ltd.[12], the Supreme Court highlighted the technical complexities, stages of procedures, and evidence, making navigation difficult, especially for students with limited resources.
Indian courts have emphasized, in the case of Bishwanath Prasad Radhey Shyam v. Hindustan Metal Industries[13], the structural and procedural obligations in filing patents. In this case, the Hon’ble Supreme Court highlighted the fact that an invention can be patented only under the strict adherence to the rules of novelty and inventiveness, making patent filing a rigid process. Therefore, this restricts students from filing for patents due to a lack of professional support.
Further, financial limitations hold students back and pose another challenge. Patent filing and protection are complex procedure and accomplishing such a task requires following a stringent mechanism. This calls for structured institutional support and a streamlined legal mechanism for the students to correctly utilize their inventions and receive due credit for academic innovations.
WAY FORWARD: MAKING ACADEMIC PATENTING MORE ACCESSIBLE
The analysis of all problems faced by student inventors requires targeted reforms to make the patent filing process more accessible for students and academic researchers. The Patents Act 1970, rather than through drastic legal modifications[14]. The Patents Act, 1970 already allows students to register their novel inventions for a patent. Therefore, the focus should be on how to make this process more feasible and accessible for students.
Firstly, institutions should introduce more student-friendly intellectual property policies in their framework. Any invention made by the student should be allowed for patents, and ownership rights should vest with the students themselves. This helps recognize the individual efforts of the students in creating a novel product or process, especially when such work was done in the due course of the academic curriculum or research.
Secondly, institutions should seek to establish dedicated cells and committees to help the students in patent filing. Basic legal and procedural knowledge can provide sufficient support to the students to help them navigate their way through complex legislative requirements.
Thirdly and lastly, the government, under the Patents Act 1970, should introduce certain provisions to assist the students in the face of financial challenges faced by them in the procedure. This situation can be effectively addressed by implementing patent support schemes that will allow the institutions, as well as other government authorities to provide financial backing to students aspiring to obtain a patent. Collectively, these reforms can foster an environment where student inventions are not only encouraged but also systemically supported.
CONCLUSION
Student and academic inventions form the backbone of the legal innovation ecosystem, yet patent protection in India remains a disputed subject. The Patents Act, 1970, lays several provisions regarding the patenting of innovations by students; however, institutional policies and mechanisms often restrict the facilitation of acquiring patents by students.
This gap between the legal permissibility and institutional policy barriers can be effectively resolved. It does not need a full legislative overhaul of the patent law, but only a revamp of the institutional intellectual property policies. Adoption of clear ownership norms, financial and legal support, and aligning institutional policies with the patent laws and academic needs, student innovation can receive the protection and recognition it deserves.
Author(s) Name: Asmii Patange (University of Mumbai Law Academy (UMLA))
References:
[1] Chandra Mohan and others, ‘Research and Patenting in Indian Universities and Technical Institutes’ (2014) 38 World Patent Information 62 Research and patenting in Indian universities and technical institutes: An exploratory study – ScienceDirect accessed 16 January, 2026
[2] Patents Act, 1970, s. 2(1)(j)
[3] Patents Act, 1970, s. 6
[4] Bishwanath Prasad Radhe Shyam v. Hindustan Metal Industries (1979) 2 SCC 511
[5] Novartis AG v. Union of India (2013) 6 SCC 1
[6] Patents Act, 1970
[7] Vijay Kumar Sattiraju and others, ‘Intellectual Property Rights Policies of Higher Education Institutions (HEIs) in India: A Cross-Sectional Study’ (2022) Intellectual property rights policies of higher education institutions (HEIs) in India: a cross-sectional study | Journal of Science and Technology Policy Management | Emerald Publishing accessed 14 January 2026
[8] Indian Institute of Technology, Bombay, Intellectual Property Policy (IIT Bombay) V1.1 IP Policy, IIT Bombay V1.1, accessed 16 January, 2026
[9] Ibid
[10] Ibid
[11] Ibid
[12] Bajaj Auto Ltd. v. TVS Motor Company Ltd. (2009) 9 SCC 797
[13] Supra
[14] Jyoti Sharma and others, ‘Evolution of Intellectual Property Policies in Indian Higher Education Institutions’ (2022) Journal of Innovation and Entrepreneurship National and Higher Education Institutions (HEIs) IP Policies: Comparison of Indian HEIs’ IP Policies from a Global Perspective | Journal of the Knowledge Economy | Springer Nature Link accessed 20 January, 2026
