Post-TRIPS Patenting Trends in India with Special Reference to USA: A Comparative Analysis

Abstract

The TRIPs Agreement, it was projected would prove beneficial for the developing countries, as it would foster innovation, stimulate competitiveness, promote transfer of technology and encourage investment and international trade. India being a signatory to TRIPs Agreement amended its patent legislation to comply with the obligations under it. After having become fully compliant with TRIPs, one now needs to examine how far has TRIPs contributed in fostering inventive activity in India, specially with reference to USA, a very strong advocate of TRIPs Agreement. The patenting data worldwide and the relevant data from USA and India is compared and analyzed so as to find out the exact trend. The study shows that there is a tremendous growth in patenting in India after the implementation of TRIPs. But the inventive growth in India has not seen an upward spurt as expected. Most of the patents in India are owned by foreign inventors, mostly from USA, indicating that TRIPs has benefited USA and other developed countries. On the contrary, India has a negligible share in patents granted in USA. The patenting trend in India shows that TRIPs has neither encouraged innovation in India nor has it played any major role in the development of India.

Keywords: Intellectual Property, TRIPs, Patenting Trend, Inventions, Innovation