Patents' Time to Grant - A Study of China and India

38 Pages Posted: 20 Jun 2019 Last revised: 12 Aug 2019

See all articles by Satyaki Chakravarty

Satyaki Chakravarty

University of North Carolina (UNC) at Greensboro - Department of Economics

Shubhashis Gangopadhyay

India Development Foundation; University of Gothenburg; University of Groningen, Faculty of Economics and Business, Students; Indian School of Public Policy

Taylan Mavruk

University of Gothenburg

Date Written: June 13, 2019

Abstract

China and India reported highest growth in high-tech exports for the past two decades (World Bank) and hence are increasingly becoming the countries to file for protection of intellectual property. This paper examines whether there is a delay in time to grant of a patent when applied by domestic versus foreign applicants in China and India. A delay in time to grant on the basis of nationality violates the TRIPs agreement. Further, delay in grant of a patent generates dead-weight loss for the society, hence effectively deterring future innovation. The results show that China delays foreign patents, however India does exactly the opposite, indicating that there is a significant variation in patent examination times across applicant characteristics, technology fields and countries. Thus invisible trade barriers do exist in these markets. Applicants can use the details in this paper and plan their filing strategies, e.g. taking into account average grant lag.

Keywords: Patent Grants, Discrimination, China, India, Duration Analysis

JEL Classification: F53, F68, K39, L52, L63, O25, O34

Suggested Citation

Chakravarty, Satyaki and Gangopadhyay, Shubhashis and Mavruk, Taylan, Patents' Time to Grant - A Study of China and India (June 13, 2019). Available at SSRN: https://ssrn.com/abstract=3403293 or http://dx.doi.org/10.2139/ssrn.3403293

Satyaki Chakravarty

University of North Carolina (UNC) at Greensboro - Department of Economics ( email )

Greensboro, NC 27402-6165
United States

Shubhashis Gangopadhyay

India Development Foundation ( email )

4101 DLF Phase IV
Gurugram, Haryana 122002
India
+91 9910991221 (Phone)

University of Gothenburg

Gothenburg
Sweden

University of Groningen, Faculty of Economics and Business, Students

Postbus 72
9700 AB Groningen
Netherlands

Indian School of Public Policy

Delhi
India

Taylan Mavruk (Contact Author)

University of Gothenburg ( email )

Vasagatan 1
Gothenburg, 40530
Sweden

HOME PAGE: http://www.cff.handels.gu.se/faculty-presentation/taylan-mavruk/

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