Journal Article•
Commercialization and Renewal Aspects of Patent Management in Indian Pharmaceutical Industry
01 Jul 2017-Journal of Intellectual Property Rights (NISCAIR-CSIR, India)-Vol. 22, Iss: 4, pp 211-223
TL;DR: In this paper, the authors studied the relationship between patent renewal and patent commercialization in developing countries and found that patent renewal is the top most barrier to commercialization and no potential for technology is the main reason for non-renewal of patents.
Abstract: Research on pharmaceuticals has mainly focused on the needs of developed countries while the scenario in developing countries is unclear. This industry is knowledge-intensive and unusually sensitive to intellectual property rights (IPRs).Patents play very important role in their business and this entails good management practices by the firms from various aspects of patent management. Two dimensions viz. commercialization of patents and renewal of patents are studied in this paper. There is dearth of in-depth research studies on these dimensions of patent management in India. A random sample of 300 granted pharmaceutical patents for patent renewal and another sample of 300 patents selected through purposive sampling for patent commercialization have been drawn from the population of granted pharmaceutical patents by the Indian Patent Office between 2005-06 and 2013-14. The information on working of patents has been taken from Form-27 submitted by the patent assignees of the selected patents. Some of the main findings are: a weak but positive and significant correlation between patent renewal & commercialization, blocking motive is the top most barrier to commercialization, direct contact with the partners is the chief mode of commercialization, no potential for technology is the main reason for non-renewal of patents, and enhancement of reputation is the main reason for renewal.
Citations
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TL;DR: It is found that growth in the pharmaceutical and biotech sectors in India has been characterized by multiple handicaps and oligopoly, with the nature of expansion not having relevance for the disease profiles in India.
Abstract: To reveal inequity in health in India. The global paradigm of the knowledge economy propounds that growth and equity will occur if there is a free-market economy without state intervention and if patents are provided as incentives for innovation. In this paper, we explore the veracity of this thesis by investigating growth in the pharmaceutical and biotech sectors in India, and by looking at equity issues through the lens of gender health and health costs for poor consumers. We used data from current publications to support this thesis. We found that growth has been characterized by multiple handicaps and oligopoly, with the nature of expansion not having relevance for the disease profiles in India. The scenario of gender health and health costs of the poor is grim due to state retrenchment and neglect of the provision of public good, such as in health matters. One can conclude that equity has not occurred under a growing pharmaceutical sector. This finding has huge implications for public policy in India and other emerging nations.
7 citations
Cites methods from "Commercialization and Renewal Aspec..."
...Orchid Chemicals was taken over by Hospira in 2014, and Piramal Healthcare was bought up by Abbott Laboratories (Krishna et al. 2017; Reddy and Kadri 2013; Zhuang 2017)....
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TL;DR: In this article , the authors used the survey method based on the views expressed by 220 Sri Lankan registered patent holders and categorised by organisational and individual ownership to find out the relationship and impact of the three Helixes on the most crucial stage of the innovation process: the commercialisation of patents, and to ascertain if there is a varying impact determined by patent ownership.
Abstract:
Purpose
This study aims to contribute to the understanding of the innovation environment of a developing nation through the Triple Helix model, revealing the existing inter-relationships between the three Helixes of Academia–Industry–Government. It sets out to find out the relationship and impact of the three Helixes on the most crucial stage of the innovation process: the commercialisation of patents, and to ascertain if there is a varying impact determined by patent ownership.
Design/methodology/approach
This cross-sectional study uses the survey method based on the views expressed by 220 Sri Lankan registered patent holders and categorised by organisational and individual ownership. The sample is drawn from the database of the National Intellectual Property Office of Sri Lanka and patents registered through the Patent Cooperation Treaty, extracted from the World Intellectual Property Organisation Patent Scope database. The survey was carried out in 2019 and limited to patents registered during the period 2010–2014.
Findings
The empirical findings indicate weak inter-relationship between Academia support, Industry support and patent commercial success, while the support of the Government Helix is non-significant in the commercial stage. The findings also indicate two different support standards existing in each Helix for the two ownership groups.
Research limitations/implications
The study is limited to a five-year window in a relatively early period in the country’s innovation policy development. The study model is also limited by the non-inclusion of mediators such as government-backed affiliated agencies and academia technical transfer offices which if incorporated would improve the study model and be more reflective of the actual environment and their role as change agents bridging the transition to a hybrid Triple Helix.
Practical implications
The study findings capture the inter-relationships of the Triple Helix existing in a developing country at the most crucial stage of the innovation process. It helps policymakers identify the gaps in each Helix that stands wanting and take measures to rectify them by creating a more favourable National Innovation System. An innovative environment that will facilitate patent holders achieve higher technological transfers and commercial success rates.
Social implications
The findings disclosure of two different support standards existing in each Helix for the two patent ownership groups poses a challenge for policymakers and challenges the core objective of increasing the commercial success of patents granted. The findings strengthen the need for a more robust support system to be put in place that would empower and facilitate the individual patent owner to increase the share of economic value arising from this underutilised patent group.
Originality/value
This study contributes by furthering the Triple Helix model in a social context and micro-setting by operationalising the theoretical practices. The study also gives insight into each Helix’s interaction and contribution during the most crucial stage of innovation management in a developing economy and its impact on the two categories of patent ownership which is scarce.
References
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TL;DR: In this article, the determination of optimal resource allocation for invention will depend on the technological characteristics of the invention process and the nature of the market for knowledge, which is interpreted broadly as the production of knowledge.
Abstract: Invention is here interpreted broadly as the production of knowledge. From the viewpoint of welfare economics, the determination of optimal resource allocation for invention will depend on the technological characteristics of the invention process and the nature of the market for knowledge.
7,747 citations
Posted Content•
TL;DR: In this paper, the determination of optimal resource allocation for invention will depend on the technological characteristics of the invention process and the nature of the market for knowledge, which is interpreted broadly as the production of knowledge.
Abstract: Invention is here interpreted broadly as the production of knowledge. From the viewpoint of welfare economics, the determination of optimal resource allocation for invention will depend on the technological characteristics of the invention process and the nature of the market for knowledge.
5,894 citations
TL;DR: In this paper, the authors present a survey on the use of patent data in economic analysis, focusing on the patent data as an indicator of technological change and concluding that patent data remain a unique resource for the study of technical change.
Abstract: This survey reviews the growing use of patent data in economic analysis. After describing some of the main characteristics of patents and patent data, it focuses on the use of patents as an indicator of technological change. Cross-sectional and time-series studies of the relationship of patents to R&D expenditures are reviewed, as well as scattered estimates of the distribution of patent values and the value of patent rights, the latter being based on recent analyses of European patent renewal data. Time-series trends of patents granted in the U.S. are examined and their decline in the 1970s is found to be an artifact of the budget stringencies at the Patent Office. The longer run downward trend in patents per R&D dollar is interpreted not as an indication of diminishing returns but rather as a reflection of the changing meaning of such data over time. The conclusion is reached that, in spite of many difficulties and reservations, patent data remain a unique resource for the study of technical change.
5,075 citations
TL;DR: In this paper, the authors examined the distribution of the values of patent rights in the United Kingdom, France, and Germany during the post-1950 period, based on the behavior of patentees with respect to payment of renewal fees on their patents.
Abstract: This paper examines the distribution of the values of patent rights in the United Kingdom, France, and Germany during the post-1950 period. These values are inferred from the behavior of patentees with respect to payment of renewal fees on their patents. A simple economic model of renewal decisions is combined with data on the proportion of patents renewed at alternative ages and the renewal fee schedules to produce estimates of the distribution (and the total) value of patent rights in these countries. Moreover, the data indicate that there have been changes in the value distribution, and we follow these changes over the period. The empirical results of particular interest concern: the total value of patent rights and the relationship between changes in it and changes in the quantity of patents, the skew in the distribution of patent values, and the rate of obsolescence on the returns to patents.
748 citations
TL;DR: In this article, the authors conducted a survey of licensing at 62 research universities and analyzed the relationship between licensing outcomes and both the objectives of the TTO and the characteristics of the technologies.
Abstract: This paper describes results of our survey of licensing at 62 research universities. We consider ownership, income splits, stage of development, marketing, license policies and characteristics, goals of licensing and the role of the inventor in licensing. Based on these results we analyze the relationship between licensing outcomes and both the objectives of the TTO and the characteristics of the technologies. Patent applications grow one-to-one with disclosures, while sponsored research grows similarly with licenses executed. Royalties are typically larger the higher the quality of the faculty and the higher the fraction of licenses that are executed at latter stages of development. Sponsored research is more likely to be included in a license if the new technology is at an early stage of development or if the TTO evaluates it as important. We find that additional disclosures generate smaller percentage increases in licenses, and those increases in licenses generate smaller percentage increases in royalties.
707 citations