Journal ArticleDOI
How Do Public Health Safeguards in Indian Patent Law Affect Pharmaceutical Patenting in Practice
Bhaven N. Sampat,Tahir Amin +1 more
Reads0
Chats0
TLDR
It is found that having the 3(d) provision on the books does not translate into very different patent outcomes in practice in India, relative to Europe, a jurisdiction without this provision.Abstract:
The 1995 Trade Related Intellectual Property Rights (TRIPS) agreement required developing countries to grant product patents in pharmaceuticals. Developing countries have since explored various measures to ameliorate potential negative effects of the new laws on public health. A prominent example is India, whose post-TRIPS patent laws include a provision, section 3(d), that restricts patents on incremental pharmaceutical innovations. Its critics and supporters alike suggest that this provision makes Indian patent law very different from that in other jurisdictions. Yet there are concerns that given resource constraints facing the Indian patent office, this novel feature of Indian patent laws on the books may not have an effect on Indian patent prosecution in practice. We test this by examining the prosecution outcomes of 2,803 applications filed in both India and Europe, coded by whether they include claims that trigger 3(d) considerations. We find that having the 3(d) provision on the books does not translate into very different patent outcomes in practice in India, relative to Europe, a jurisdiction without this provision.read more
Citations
More filters
Journal ArticleDOI
Secondary pharmaceutical patenting: a global perspective
TL;DR: In this article, a large sample of international patent applications in the US, Japan, the European Patent Office, and corresponding filings in three developing countries with restrictions on secondary patents, India, Brazil, and Argentina, were analyzed.
Journal ArticleDOI
TRIPS Implementation and Secondary Pharmaceutical Patenting in Brazil and India
TL;DR: In this paper, the authors compared national approaches towards secondary pharmaceutical patents and found that Brazil is less likely to grant applications than India, but in both countries, the measures designed to limit secondary patents are having little direct effect.
Journal ArticleDOI
Discrimination against foreigners in the U.S. patent system
TL;DR: In this paper, an empirical analysis of 1.5 million U.S. patent applications identifies three systematic differences between foreign and domestic patent applications that partly explain this bias, including differences in patent agents, the financial resources of the applicants and the level of effort that applicants put into the prosecution process.
Journal ArticleDOI
The Politics of Knowledge Economy and Sustainability of Tribal Knowledge and Health in India
TL;DR: In this paper, the authors argue that land redistribution and customized Intellectual Property rights (IPR) for communities as a whole may be the way forward provided there is political will, and they argue that the health situation of tribal people is becoming dire.
References
More filters
Posted Content
How to Count Patents and Value Intellectual Property: Uses of Patent Renewal and Application Data
TL;DR: In this paper, a simple renewal based weighting scheme is proposed which may remove half of the noise in patent counts as a measure of innovative output, which can be used to estimate the value of the proprietary rights created by the patent laws.
Journal ArticleDOI
How to Count Patents and Value Intellectual Property: The Uses of Patent Renewal and Application Data
TL;DR: Estimates of how the value of patent protection would vary under alternative legal rules and renewal fees, and with estimates of the international flows of returns from the patent system are illustrated.
Journal ArticleDOI
Evergreening, Patent Challenges, and Effective Market Life in Pharmaceuticals
TL;DR: Examination of new data on generic entry over the past decade suggests that challenges serve to maintain, not reduce, the historical baseline of effective market life, thereby limiting the effectiveness of "evergreening" by branded firms.
Book
The WTO and India's Pharmaceuticals Industry: Patent Protection, TRIPS, and Developing Countries
TL;DR: India's experience and future prospects suggest that patent protection in pharmaceutical products should be provided by developing countries, but what should these countries do?
Journal ArticleDOI
Evergreening, patent challenges, and effective market life in pharmaceuticals.
TL;DR: In this article, the authors examine new data on generic entry over the past decade and show that challenges are more common for higher sales drugs and demonstrate a slight increase in challenges over this period, and a sharper increase for early challenges.