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Barriers To Patent Commercialization In Indian Higher Education: Legal And Institutional Insights From Maharashtra




Prof. Unmesha Patil & Dr. Sarika Sagar


ABSTRACT


Patent commercialization in Indian higher education institutions faces significant legal and institutional barriers, particularly in Maharashtra. While India has seen a surge in patent filings, actual commercialization remains limited due to fragmented policies, regulatory ambiguities, and weak institutional mechanisms. This study analyzes the challenges faced by Higher Educational Institutions in translating research into market-ready technologies, highlighting gaps in intellectual property ownership frameworks, licensing processes, and revenue-sharing models. A mixed- method approach is employed, combining doctrinal legal analysis with empirical insights gathered from institutional audits and expert input. Comparative global models, such as the Bayh-Dole Act (United States of America) and Fraunhofer system (Germany), provide lessons for structuring a more effective commercialization ecosystem in India. The findings underscore the need for standardized Intellectual Property policies, stronger industry–academia partnerships, and institutional incentives to support technology transfer. By addressing these systemic inefficiencies, India can enhance its innovation economy and create a more robust patent commercialization framework for Higher Educational Institutions.


Keywords: Patent commercialization, Technology transfer, Higher education institutions, Institutional barriers, IPR policies.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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