Trends in Pharmaceutical Patenting in India

Abstract

This paper aims to look at the significant shifts in pharmaceutical patenting in India before and after the Third Amendment in the Indian Patents Act (1970) in 2005, to conform to the TRIPS agreement of the WTO. Data on patents granted, including application details and abstract of the invention, published in the weekly Indian Patent Office Journal have been considered. The paper provides a comparative analysis of granted patents, before and after the Third Amendment, primarily in respect of therapeutic inventions relating to certain chronic human ailments. The issues of product and process patenting, conventional and traditional drugs, and extent of protection claimed by applicants are analyzed. The paper also aims to see the changes, if any, in the composition and diversity of applicants before and after the Third Amendment. Other issues that are covered include comparison of patents filed by foreign and Indian applicants, companies and individuals, processing time for applications and firm preferences with regard to location of filing of patents.