Patent Empirical Scholarship Database

It has often been pointed out that there is a deficit of data based advocacy, policy making, and in general positioning, in the popular consciousness of the Indian IP landscape and its stakeholders. Prof Shamnad Basheer has pointed this out right from the early days of the blog. And indeed, pushing for change on this front is very much central to SpicyIP’s commitment to fostering transparency and accountability in the Indian IP landscape. With this context, on Prof Shamnad Basheer’s 47th birth anniversary, we are very happy to announce the launch of the SpicyIP Empirical Scholarship Databases. At present, we have one for Patent (below) and Copyright (here). Over time, we will also add more databases for other areas of Indian IP.

The SpicyIP Empirical Scholarship Database (Patent) aims to put together studies that have conducted empirical research in the area of Indian patent law. In order to facilitate usage of these various studies, we have put together short comments on the central proposition and main findings from these studies, so that interested stakeholders have a grasp of what type of data is available, as well as what type of further studies or data could further be required. Currently, we have only focused on the recent past (last 15 years or so), and have 50+ entries, and we will continue to update this over time. General tips: The database’s search feature instantly searches all the entries and can be very useful. Given the size of the database, mobile view is not recommended.

Please note the following two points:
(1) The presence of any studies here do not reflect any type of endorsement of the paper or data or authors. We are simply providing data that we have found and leave it to the discretion of readers to discern how useful the data may be. Further, these comments are only meant to be indicative and it is very possible that errors may have crept in. In case you think any modifications are needed, please let us know.
(2) In case you know of other studies that could be included here, please let us know. It would also be very helpful if you could include your own brief comments on the proposition and findings of the paper.

For both the above points, as well as for anything else related to SpicyIP, you can contact us at contact [at] spicyip [dot] com

Acknowledgements to all the people who have worked on putting this together: Swaraj Barooah, Praharsh Gour, Shikhar Chauhan, Gaurangi Kapoor, Amisha Mittal, Srujan Sangai, Anjali Baskar, and Yashna Walia,

Year	Title	Author	Comments
2023	The Value of Indian Patents: An Empirical Analysis Using Citation Lags Approach (Economics of Innovation and New Technology)	Mohammad Danish and Ruchi Sharma	Proposition: The study investigates whether the growth in the patenting activity in India has led to a corresponding increase in the quality of patents or not. Findings: Utilising the 6,777 Indian patent data, granted by the USPTO, which were filed between 1984 and 2015 and using the Cox regression methodology, the authors find an overall increasing value of Indian patents in more recent filings.
2023	To Patent or Not?Factors and Motivation Affecting Indian Academic Patenting (Economic and Political Weekly, Vol. 58, Issue No. 6)	Akriti Jain Ruchi Sharma P Vigneswara Ilavarasan	Proposition: The study aims to understand the role of different factors influence patenting by academic institutions. Findings: The study finds that absence of supportive institutional infrastructure, along with patenting as a mandatory criterion for career growth results in low patent application probability and intensity.
2023	A Study of Patent Opposition system (HNLU Raipur)	V.C. Vivekanandan, Uday Shankar, Garima Panwar	Proposition: The report aims to understand the patent system of India, highlighting the issues with the patent prosecution and suggests ways to remove the shortcomings. Findings: The report, inter alia, finds that oppositions contributes extensively in the delay at each stage of patent prosecution. For this, the report assesses over 250 patent oppositions in the field of pharmaceuticals and life sciences, over the period of 2016-21.
2022	IPR Trend in India: Empirical Evidence For a Self-Reliant Mission (Journal of Commerce and Accounting Research)	K Venkateswaran and Pooja S Bhat	Proposition: The study operates against the hypothesis that there are no significant reasons for scientific institutions to patent their creations and that Indian environment is not conducive for patenting. Finding: Inter alia looking at the upward trend of patenting, employing Garret ranking technique to suggest that these institutions are in favor of patenting their inventions to protect themselves against competitors, the report disapproves the above hypothesis. Nonetheless, it identifies a few bottlenecks faced by these institutions during patenting process.
2022	Gains from Patent Protection - Evidence from India (DICE, University of Duesseldorf)	Apoorva Gupta and Joel Stiebale	Proposition: This paper uses the implementation of a TRIPs compliant patent regime in India to study the effect of stronger intellectual property rights (IPR) on innovation and market power. Finding: 1) The paper find that stronger IPR protection leads to an increase in expenditure on R&D, and in the number of patent applications in industries that are more exposed to the reform. There is an increase in average markups for the most exposed industries. However, the increase is driven by a decline in marginal costs and not an increase in prices. 2) The decline in marginal costs is partly explained by higher sales and consequent economies of scale, and a larger increase in process innovations as compared to product innovations. 3) The paper thus suggests that—at least in the case of India—stronger patent rights have fostered innovation with limited negative consequences.
2021-2022	IP India Annual Report 2021-2022 (Office of Controller General of Patents, Design, Trademark, Geographical Indications India)	Office of Controller General of Patents, Design, Trademark, Geographical Indications India	Proposition: To bring forth the work done by the govt. office with regard to administrating over IP related issues, detail on the progress made with regard to pending applications, oppositions, registrations, done in the financial year. Findings: (1) Application filed increased by 13.57% (2) Grants of patents increased by 5.95% (3) Disposal of patents decreased by 31.78% (4) 66440 applications filed [Indian applicants 29508 and foreign applicants 36932] (5) 66571 applications were examined (6) 30073 patents were granted (7) 35990 applications were disposed and disposal of 15991 applications were deferred due to Covid-19 related complications (8) 481 pre-grant oppositions were received and 275 pre-grant oppositions were disposed (9) 37 post-grant oppositions were filed and 8 post-grant oppositions were disposed
2021	Patent Oppositions in India (Springer Publications - Conference Paper incoporated as a Book Chapter - Book titled "Access to Medicines and Vaccines")	Sandeep Kanak Rathod	Proposition: This paper looks at the significant pharmaceutical patent oppositions in India during the last 15 years. Findings: 1)The paper notes that many of the early oppositions filed in 2005–2015 were centered mainly around the statutory arguments from S.3F and mostly around S.3(d). 2) For the latest 12-year period (FY 2007–8 through FY 2019–20), cumulatively ~3600 pre-grant oppositions have been filed while the cumulative disposal number is ~950 oppositions. 3)The number of ‘new’ pre-grant oppositions filed annually for last few years has been below 300. 4) The number of ‘new’ post-grant oppositions filed annually for last few years has been below 20 5) Around 10 post-grant oppositions are being disposed, annually for the last few years. 6) For the latest 12 year period (FY 2007–8 through FY 2019–20), as per the author's calculation cumulatively 310 post-grant oppositions have been filed while the cumulative disposal number is 126 oppositions
2020-2021	IP India Annual Report 2020-2021 (Office of Controller General of Patents, Design, Trademark, Geographical Indications India)	Office of Controller General of Patents, Design, Trademark, Geographical Indications India)	Proposition: To bring forth the work done by the govt. office with regard to administrating over IP related issues, detail on the progress made with regard to pending applications, oppositions, registrations, done in the financial year. Findings: (1) Application filed increased by 3.97% (2) Grants of patents increased by 14%, (3) Disposal of patents decreased by 5.70% (4) 58503 applications filed [Indian applicants 24326 and foreign applicants 34177] (5) 73165 applications examined (6) 28385 patents granted (7) 52755 applications were disposed (8) 583 pre-grant oppositions were received and 313 pre-grant oppositions were disposed (9) 41 post-grant oppositions were filed and 13 post-grant oppositions were disposed
2020	The Case for Shutting Down the Intellectual Property Appellate Board (IPAB) (SpicyIP)	Prashant Reddy and Prannv Dhawan	Proposition: The post makes a case for shutting down the IPAB by highlighting the number of days the appellate body has operated without a Chairperson and other technical members. Finding: The post states that in its 17 years of existence, the IPAB has not had a Chairperson for a cumulative total of 1,130 days. With regard to technical member for patent disputes, the post states that no technical member for patents has been appointed since 2016, causing the IPAB to not be able to hear appeals or revocations related to patents for 4 years.
2020	Harmonization Of Intellectual Property Rights Across The Globe: Impact On India’s Pharmaceutical Exports (The Institute for Social and Economic Change, Bangalore - Working Paper 479)	Supriya Bhandarkar	Proposition: 1991 to 2018, this paper assesses the impact of the Trade Related Aspects of Intellectual Property Rights (TRIPS) agreement on Indian pharmaceutical exports. Finding: The empirical results indicate that the strength of patent protection in the importing countries has not been an important factor affecting India’s pharmaceutical exports. Both the implementation and enforcement of TRIPS in partner countries were found to be insignificant and did not impact export flows from India.
2020	Community-Based Patent Opposition Model in India: Access to Medicines, Right to Health & Sustainable Development (PhD Thesis - Queens University of Technology)	Muhammad Zaheer Abbas	Proposition: Using empirical analysis of 249 patent oppositions, this study evaluates the effectiveness of the Indian patent opposition model. Finding: Indian patent oppositions, despite the merits have not been truly utilized. Rate of pre-grant oppositions from 2005-15 is 2.33%. Whereas, participation of civil societies has been in 6.4% cases only. In backdrop of these findings, the paper argues to reform patent opposition system in India to enhance community development.
2019-2020	IP India Annual Report 2019-2020 Office of Controller General of Patents, Design, Trademark, Geographical Indications India	Office of Controller General of Patents, Design, Trademark, Geographical Indications India)	Proposition: To bring forth the work done by the govt. office with regard to administrating over IP related issues, detail on the progress made with regard to pending applications, oppositions, registrations, done in the financial year. Findings: (1) Application filing increased by 11% (2) Grants of patents increased by 63.16 %, (3) Disposal of applications decreased by 9.95 % (4) 56267 applications filed [Indian applications 20843 and foreign applications 35424] (5) 80080 applications examined. (6) 24963 patents granted. (7) 55945 applications were disposed. (8) 800 pre-grant oppositions were received and 67 pre-grant oppositions were disposed (9) 28 post-grant oppositions were filed and 7 post-grant oppositions were disposed
2019	Pharmaceutical Exports and Patents in India - An Empirical Investigation (Working Paper No. EC-19-39, Indian Institute of Foreign Trade)	Bibek Ray Chaudhuri, Sucharita Bhattacharya, Susmita Chatterjee	Proposition: To study the impact of patents on the Indian pharmaceutical exports. Scope: data collected for the period of 1997-2016. Findings: Patents have a significant positive impact on pharmaceutical exports however post 2008 pharmaceutical patents have shown a downward trend. The results also reflect the importance of patents to enhance exportability of pharmaceutical products from India.
2018	Pharmaceutical Patent Grants in India: How our safeguards against evergreening have failed, and why the system must be reformed (Accessibsa and Azim Premji University)	Feroz Ali, Sudarsan Rajagopal, Venkata S. Raman & Roshan John	Proposition: The Report assesses the pharmaceutical patent granted from 2009-2016, to highlight the erroneous patent grants, granted by the Indian Patent Office. Findings: 1) The majority (72%) of granted patents for pharmaceuticals are secondary patents. 2) Only a small fraction (15%) of granted secondary patents were subjected to elaborate scrutiny, accompanied by a detailed written order of the Controller. 3) IPO has an extremely high error-rate in granting pharmaceutical applications, to the tune of 72%.
2018-2019	IP India Annual Report 2018-2019 (Office of Controller General of Patents, Design, Trademark, Geographical Indications India)	Office of Controller General of Patents, Design, Trademark, Geographical Indications India)	Proposition: To bring forth the work done by the govt. office with regard to administrating over IP related issues, detail on the progress made with regard to pending applications, oppositions, registrations, done in the financial year. Findings: (1) Application filed increased by 5.67% (2) Grant of patents increased 17.15% (3) Disposal applications increased by 6.69 % (4) 50656 applications filed [Indian applications 17005 and foreign applications 33654] (5) 85426 applications examined. (6) 15,283 applications granted (7) 50,884 applications were disposed (8) 426 pre-grant oppositions were received in the office and 399 pre-grant oppositions were disposed (9) 28 post-grant oppositions were filed during the year. 5 post-grant oppositions were disposed
2017	Patents and Mobile Devices in India: An Empirical Survey (Vanderbilt Journal Of Transnational Law Volume 50 Number 1)	Jorge L. Contreras and Rohini Lakshane	Proposition:: To assess the impact of patenting in mobile device market in India, and assist the policymakers to devise and implement regulations in this area, the paper assesses the Indian patent landscape relating to mobile devices. Findings:: The study finds that a total of 19,569 published Indian patent applications and 4,052 issued Indian patents relating to mobile devices were identified from January 2000 through February 2015. The study also highlights that the top 11 patent holders are foreign entities.
2018	Patenting Matters, Not Patents: Firm Market Value in Indian Manufacturing (The Journal of Applied Economic Research Vol. 12 Issue 1)	Shailu Singh	Proposition: This article assesses the association between firm market value and patenting activity in the Indian manufacturing sector, using a dataset of 380 firms over 22 industry groups from 2001–2010. Finding: The empirical investigations indicate that while firms that use patents to protect their innovations have a significantly higher market value than firms that do not, an increase in the number of patents granted to a firm is associated with higher market value only for firms at the lowest end of the market value distribution.
2017-2018	Annual Report 2017-18 (Office of Controller General of Patents, Design, Trademark, Geographical Indications India)	Office of Controller General of Patents, Design, Trademark, Geographical Indications India)	Proposition: To bring forth the work done by the govt. office with regard to administrating over IP related issues, detail on the progress made with regard to pending applications, oppositions, registrations, done in the financial year. Findings: (1) Application filed increased by 5.3% (2) Grant of patents increased 32.5% (3) Disposal of applications increased by 57.6% (4) 47854 applications filed [Indian applications 15,550, and foreign applications 32,304] (5) 60,330 applications examined (6) 13,045 applications granted (7) 47,695 applications disposed (8) 260 pre-grant oppositions were received and 108 pre-grant oppositions were disposed (9) 18 post-grant oppositions were filed and 8 post-grant oppositions were disposed
2017	143 patent infringement lawsuits between 2005 and 2015: Only 5 judgments (Spicy IP)	Prashant Reddy and Aparajita Lath	Proposition: The post highlights the contrast between the numbers of patent cases filed and the number of judgments passed by the courts in them, over the period of 10 years. Findings: The post highlights that from 2005-15 143 patent infringement suits were filed before the court whereas only 5 judgements were passed. The post further discusses the probable reasons for this.
2017	An India Perspective on Establishing a Prima-Facie Case in Patent Suits (SSRN)	Ramakrishna Thammaiah	Proposition: This paper reviews the nature and the grounds for granting injunctions in general and in patent related disputes, in particular. Findings: Assessing the patent related decisions of the Indian High Courts from 2000 to 2016, the paper finds that in about 60% of the cases (36/59) where an application for an interim injunction has been filed, the courts have granted it. It notes that India does not have proper standard or specific requirements to establish prima facie case while granting injunctions and suggests a model based on weighted average of proposed requirements.
2017	Making patents work: of IP duties and deficient disclosures (Queen Mary Journal of Intellectual Property, Vol. 7 No. 1, pp. 3–24)	Shamnad Basheer	Proposition : The paper aims to assess whether there is a legal requirement to disclose working of the patent and of so, have patentees complied with it? Finding: The author along with his Research Assistants conducted a survey of 270 FORM-27 filings relating to 150 major patents across the three sectors to find that 35% of patentees filed to disclose any workings from 2009-12. Comments: The above Survey is attached here as Annexure P-4.
2017	Indian pharmaceutical patent prosecution: The changing role of Section 3(d) (Plos One Journal)	Bhaven N. Sampat, Kenneth C. Shadlen	Proposition: The study aims to examine changes in the use of Section 3(d). Findings: Apart from focusing on the Patent Office's decision, the study also assesses the FER and initial correspondence between the applicant and the IPO. 1) The study finds a rise in th e use of the provision (39 percent in 2001–2004 to 14 percent in 2008–2011) 2) The provision is used in a combination with other provisions and the study finds that the majority of FERs (67 percent) cite both 3(d) and novelty/inventive step, and only 4 percent cite neither. 3) The study also finds a sharp increase in the use of the provision against primary patent applications, contrary to its intent, which raises apprehensions about over utilization.
2016-2017	Annual Report 2016-17 Office of Controller General of Patents, Design, Trademark, Geographical Indications India)	Office of Controller General of Patents, Design, Trademark, Geographical Indications India)	Proposition: To bring forth the work done by the govt. office with regard to administrating over IP related issues, detail on the progress made with regard to pending applications, oppositions, registrations, done in the financial year. Findings: (1) Applications filed decreased by 3.2% (2) Grant of patents increased by 55.3% (3) Disposal of applications increased by 37.7% (4) 45,444 applications filed [Indian applications 13,219 and foreign applications 32,225] (5) 28,967 applications examined (6) 9,847 patents granted (7) 30,271 applications disposed (8) 206 pre-grant oppositions and 18 pre-grant oppositions were disposed (9) 12 post-grant oppositions and 12 post-grant oppositions were dispose
2016	The Market Impacts of Pharmaceutical Product Patents in Developing Countries: Evidence from India (American Economic Review, 106(1): 99–135)	Mark Duggan, Craig Garthwaite, and Aparajita Goyal	Proposition: The study aims to examine the effects of the 2005 amendment wrt product patent system in India on pharmaceutical prices, quantities sold, and market structure. Findings: Looking at both aggregate statistics and longitudinal data, the study finds that the patent reform did not decrease the number of manufacturing firms though there is a shift in the molecules level sales concentration. It also finds that the new product patents increased prices,but the magnitude of the change was ultimately quite small. Overall, there was a little change in the quantity sold as a result of these price increases. However, when the focus is on a subset of products that were recently patented outside of India by foreign firms there was a substantial decreases in the quantity sold.
2016	Business Method Patents: An Oxymoron? (NUJS Law Review)	Aparajita Lath and Shivam Bhardwaj	Proposition: The paper highlights the disparity between the law and the practice in India, with regard to the treatment accorded to Business Method patents. Finding: The empirical finding of the paper highlights that though business method patents are excluded under Section 3(k), Indian Patent Office still grants patent protection to them.
2016	Pharmaceutical Patents and Prices: A Preliminary Empirical Assessment Using Data from India (World Bank Policy Research Working Paper No. 6063)	Mark Duggan, Aparajita Goyal	Proposition: To explore the effects of product patent protection on drug prices and utilization highlighting the importance of the distinction between types of product patents and their differential impact on average prices and total utilization of drugs. Scope: 2003-2008 Findings: Using information on product patents granted by the government and panel data on pharmaceutical prices and utilization from 2003-2008, the paper finds limited evidence of overall price increase following the introduction of product patents. However, there appear to be heterogeneous effects on prices by the type of product patent granted on drugs, implying the need for a careful examination of the product patent portfolio. Openly Accessible
2015-2016	Annual Report 2015-2016 (Office of Controller General of Patents, Design, Trademark, Geographical Indications India)	Office of Controller General of Patents, Design, Trademark, Geographical Indications India)	Proposition: To bring forth the work done by the govt. office with regard to administrating over IP related issues, detail on the progress made with regard to pending applications, oppositions, registrations, done in the financial year. Findings: (1) Applications filed decreased by 10% (2) Grant of patents increased by 5.82% (3) Disposal of applications increased by 53.6% (4) 46,904 applications filed [Indian applications 13,066 and foreign applications 33,838] (5) 16,851 applications examined (6) 6,326 patents granted (7) 21,987 applications disposed (8) 290 pre-grant oppositions were received and 88 pre-grant oppositions were disposed (9) 06 post-grant oppositions were filed and 10 post-grant oppositions were disposed
2015	Bayer’s Nexavar And The “Working” Of Compulsory Licensing: (SpicyIP)	Shamnad Basheer and Rupali Samuel	Proposition: In light of the Compulsory License litigation over Bayer’s Nexavar, the report looks at the working of the drug from 2009 to 2013. Finding: Assessing the Form 27 submitted by Bayer, the report identifies various discrepancies in the data and make an argument for actions against errant patentees and licensees that ignore to file a complete Form 27 information.
2015	Impact of patenting on firms' performance: an empirical investigation based on manufacturing firms in India (Economics of Innovation and New Technology- Taylor and Francis Online Journal Volume 25, 2016 - Issue 1)	Sunil Kumar Ambrammal and Ruchi Sharma	Proposition: The study aims to estimate the impact of R&D expenditure and patenting on the performance of firms. Finding: Using firm-level data of 489 high- and medium-technology firms during the period of 2000–2010, the study finds that firm patenting results in an improvement in productivity of the firms without the increase in R&D costs.
2015	International Technology Transfer and Domestic Patent Policy: An Empirical Analysis of Indian Industry (The Journal of Developing Areas, Vol. 49, No. 3, pp. 165-181)	Ruchi Sharma, Sunil Kumar Ambrammal	Proposition: The study attempts to find the patent policy changes on licensing strategy of the Indian manufacturing industry on the basis of panel data of 51 industries for the periods of 1989-90 and 2009-10. Findings:: A substitutable relationship between licensing from international trade and in-house R&D was found. The removal of licensing regulations of different industries was found to have a positive effect on the firm's decision to license. A complementary relationship between capital goods import and licnesing was found. The study indicates that patent policy influences technology transfer to India albeit negatively and limited to patent-sensitive industries confirming the monopoly power effect for such industries.
2015	Drug patenting in India: looking back and looking forward (Nature Reviews: Drug Discovery, 14 . pp. 519-520. ISSN 1474-1776)	Bhaven N. Sampat and Kenneth C. Shadlen	Proposition: While 3(d) has attracted considerable attention, another, aspect of India’s TRIPS implementation was to disallow any patents with priority years (year of first global filing) before 1995. The present note discusses this relatively unknown flexibility. Finding: The study assumes that if the first patent on a drug is its compound patent, drugs with per-1995 priority must rely on secondary patents for protection in India. On basis of the above understanding the note prepares a list of all new molecular entity (NME) drug approvals between 1995 and 2013, determines the earliest priority filing date for each drug, determines which drugs in our sample acheived high sales and constructs patent information for each drug.
2014-2015	Annual Report 2014-15 (Office of Controller General of Patents, Design, Trademark, Geographical Indications India)	Office of Controller General of Patents, Design, Trademark, Geographical Indications India)	Proposition: To bring forth the work done by the govt. office with regard to administrating over IP related issues, detail on the progress made with regard to pending applications, oppositions, registrations, done in the financial year. Findings: (1) Applications filed decreased by 0.4% (2) Grant of patents increased by 41.42% (3) Disposal of applications increased by 25.5% (4) 42,763 applications filed [Indian applications 42,763 and foreign applications 30,692] (5) 22,631 examined (6) 5,978 granted (7) 14,316 disposed (8) 47 pre-grant oppositions were received in the office and 67 applications were disposed (9) 8 post-grant oppositions and 05 applications were disposed
2014	Poor Quality Drugs and Global Trade: A Pilot Study (University of Maryland)	Roger Bate, Ginger Zhe Jin, Aparna Mathur, Amir Attaran	Proposition: This paper assesses the quality of 1470 antibiotic and tuberculosis drug samples in solid oral form (tablet or capsule) that claim to be made in India and were sold in Africa, India, and five mid-income non-African countries. Findings: The paper finds that 10.9% of those products fail a basic assessment of active pharmaceutical ingredients (API), and the majority of the failures are substandard (7%) as they contain some correct API but the amount of API is under-dosed. The distribution of these substandard products is not random: they are more likely to be found as unregistered products in Africa than in India or non-African countries. Moreover, the finding is robust for manufacturer-drug fixed effects, and is unlikely to be explained by differences in storage conditions as the five Indian cities in our sample are on average more likely to have high temperatures, above 25C or 30C, than the other African or non-African cities. A more likely explanation is that Indian pharmaceutical firms and/or their export intermediaries differentiate drug quality according to the destination of consumption.
2014	Toward Resource Independence- Why State-owned Entities Become Multinationals: An Empirical Study of India's Public R&D Laboratories (Journal of International Business Studies)	Prithwiraj Choudhury and Tarun Khanna	Proposition: The report explores the motivations behind why R&D-oriented SOEs can achieve resource independence and launch a global footprint by licensing high-quality foreign patents to multinationals. Findings: Using the data from CSIR, the report finds while the Indian domestic patent system was being reformed, the CSIR laboratories disproportionately increased their focus on the U.S. patent system and while government budgetary support declined or remained roughly the same, revenue from multinationals increased fivefold from 1995 to 2005.
2013-2014	Annual Report 2013-14 (Office of Controller General of Patents, Design, Trademark, Geographical Indications India)	Office of Controller General of Patents, Design, Trademark, Geographical Indications India)	Proposition: To bring forth the work done by the govt. office with regard to administrating over IP related issues, detail on the progress made with regard to pending applications, oppositions, registrations, done in the financial year. Findings: (1) Applications filed decreased by 1.65 % (2) Grant of patents increased by 2.44 % (3) Disposal of applications increased by 26.4 % (4) 42,951 applications filed [Indian applications 12,071 and foreign applications 32,010] (5) 18,615 examined (6) 4,227 granted (7) 11,411 disposed (8) 309 pre-grant opposition were received, and 48 applications were disposed of (9) 08 post-grant opposition were received, and 09 applications were disposed of
2013	Patent-based Analysis of the World Health Organization’s 2013 Model List of Essential Medicines World Intellectual Property Organisation	Reed F Beall & Amir Attaran	Proposition: The report assesses whether the items on WHO's 2013 Model List of Essential Medicines (MLEM) are patented and if so, where. Findings: This report finds that 20 of the 375 items (or about 5 percent) listed on the 2013 MLEM may be considered as patented. All 20 of these items are medicines, mostly (13 out of 20) for HIV/AIDS, and the remaining ones are antibiotics, another anti-viral, or for a noncommunicable disease (cancer and gastroesophageal reflux disease).
2013	Some Obvious and Not so Novel Steps to Increase the Efficacy of the Patent Office (Social Science Research Network)	Prashant Reddy	Proposition: The paper aims to discuss the regulatory challenges and the issues with the working of the Indian Patent Office. Findings: The paper finds that the significant rise in patent applications was not met with a proportionate increase in human resources at the Patent Office. As a result the patent office built up a huge backlog in pending patent applications, apart from the fact that even granted patents were poorly examined.
2013	Efficiency and Productivity in the process and product patent regimes: empirical evidence from the Indian pharmaceutical industry (Economics and Business Research, Volume 6, Issue 1)	Ishita G. Tripathy, Surendra S. Yadav, Seema Sharma	Proposition: The paper examines the technical efficiency and productivity of 81 firms within the Indian pharmaceutical industry to determine technical efficiency and productivity in the context of the product patent regime in India. Finding: It was found that technical efficiency is higher in a product patent regime than a process patent regime. Despite a regression in technical change, firms’ productivity improved as a result of technical efficiency gains. Firms’ technical efficiency was found to be dependent upon firm-specific factors like age, R&D intensity, ownership, capital imports and foreign direct investment.
2012-2013	Annual Report 2012-2013 (Office of Controller General of Patents, Design, Trademark, Geographical Indications India)	Office of Controller General of Patents, Design, Trademark, Geographical Indications India)	Proposition: To bring forth the work done by the govt. office with regard to administrating over IP related issues, detail on the progress made with regard to pending applications, oppositions, registrations, done in the financial year. Findings: (1) Applications filed increased by 1.10 % (2) Grant of patents decreased by 5.82 % (3) Disposal of applications increased by 6.35 % (4) 43,674 applications filed [Indian applications 9911 and foreign applications 33763] (5) 12,268 applications examined (6) 4,126 patents granted (7) 9,027 applications disposed (8) 262 pre-grant opposition were received, and 34 applications were disposed of (9) 14 post-grant opposition were received, and 07 applications were disposed of
2012	Challenges to India's Pharmaceutical Patent Laws (Science Journal- New Series, Vol. 337, No. 6093, pp. 414-415 (2 pages))	Bhaven N. Sampat, Kenneth C. Shadlen, Tahir M. Amin	Proposition: The paper (authored before the Novartis Decision) discusses the key issues before the court, patentability of new compounds versus variants of existing compounds and how the outcome of the case can impact access to drugs and terms of patents in the developing world. Finding: The report pin points that between 1996-2004 IPO rejected 25 patent applications of the drugs which are approved by the USFDA and highlight that 16 of these applications were rejected on the grounds of Section 3(d) along with the other grounds, whereas 3 applications were rejected only on the grounds of 3(d) and 6 applications were rejected on the grounds other than3(d)
2012	The effects of patent-law changes on innovation: The case of India's pharmaceutical industry ("Technological Forecasting and Social Change Volume 79, Issue 4, Pages 607-619")	George T. Haley and Usha Haley	Proposition: The study compares data between process-patent regime and product-patent regime of India, arguing that the change in the regime has hurt domestic innovation. Scope: Data from '2001-2004' to '2005-2008' Findings: Growth of innovation in India's pharmaceutical industry declined in the product-patent regime. It also indicates that product-patent regime does not necessarily generate greater rates of innovation than process-patent regime and might reduce innovation. Openly Accessible
2012	Long-term Trends in Patent Applications in India, 1948-2010 (Economic and Political Weekly, Vol. 47, No. 41 (OCTOBER 13, 2012), pp. 69-73)	C. Niranjan Rao	Proposition: This report examines long-term trends in patent applications in India between 1948 to 2009-10. Finding: The report finds that Indian domestic patent applications have been stagnant for a long time, but are showing a positive trend since 1988-89. During the period when the Patents Act, 1970 was in force, they grew at 2.24%, which is not very encouraging. Foreign patent applications, which showed rapid growth during the 1948-65 period, have started to grow again since 1994-95.
2012	Empirical Analysis of Indian Patent Cases Post-2005 (SSRN)	Aditi Ghosh	Proposition: The author aims to bring out an empirical study of the Patent cases that have been brought before the courts - High Courts, Supreme Court and the Intellectual Property Appellate Board (IPAB). Findings: 1) 6 cases reached the Supreme Court- only 2 were decided (1 on substantive law provision and another about procedural aspects of oppositions.) 2) 61 cases that have reached the High Courts (21 cases have been decided on civil (non-patent) law and common law; 39 cases have been decided on Patent law - both procedural as well as substantive law; 39 cases have been decided on Patent law - both procedural as well as substantive law.) 3) IPAB has decided more than 100 cases since its inception for dealing with patent cases from 2007. Only 1 out of these 10 decisions was on substantial law of patents.
2012	Pharmaceutical Patents and Prices: A Preliminary Empirical Assessment Using Data from India (SSRN)	Mark Duggan & Aparajita Goyal	Proposition: This paper explores the likely effects of enforcing product patents on prices and utilization of drugs in the Central Nervous System market in India. Finding: The paper finds that product patents that were granted on the active ingredient instead of incremental innovations of a drug, led to a significant increase in drug prices, and an increase in the fraction of total quantity sold to the innovator with a corresponding withdrawal of generics from the pharmaceutical market in India.
2011-2012	Annual Report 2011-2012 (Office of Controller General of Patents, Design, Trademark, Geographical Indications India)	Office of Controller General of Patents, Design, Trademark, Geographical Indications India)	Proposition: To bring forth the work done by the govt. office with regard to administrating over IP related issues, detail on the progress made with regard to pending applications, oppositions, registrations, done in the financial year. Findings: (1) Applications filed increased by 9.67 % (2) Grant of patents decreased by 41.65 % (3) Disposal of applications decreased by 33.95 % (4) 43,197 applications filed [Indian applications 8678 and foreign applications 33488 (approx.)] (5) 11,031 applications examined (6) 4,381 patents granted (7) 8,488 applications disposed (8) 193 pre-grant opposition were received, and 11 applications were disposed of (9) 26 post-grant opposition were received, and 16 applications were disposed of
2011	Patently different? How does the strength of patents influence globalization of R&D? Empirical evidence from the 2004 Indian Patent Reforms (Social Science Research Network)	Anand Nandkumar, Kannan Srikanth	Proposition: The study explores how the strength of the IP regime of a country influences division of innovative labor within a firm but across geographies. Findings: The study concludes that the firms managers are more likely to involve more home country scientists than foreign scientists from a weak IP country on incremental R&D projects fearing larger knowledge leakage. 2) However, when the IPR is stronger these managers appear to be more willing to involve foreign scientists even on an incremental innovation. 3) The study also finds that the manages are more likely to involve more foreign scientists on a proprietary innovation than on a non-proprietary innovation when the IPR is weak. However when the IPR become stronger, firms appear to be more willing to involve foreign scientists from a weak IP country even on a non-proprietary innovation.
2011	Multinationals and MonopoliesPharmaceutical Industry in India after TRIPS (Indian Institute Of Management Calcutta Working Paper Series WPS No. 685)	Sudip Chaudhuri	Proposition: The paper investigates how the MNCs in the pharmaceutical industry is responding to the Post- TRIPS era and consequent amendment of the patent laws in India. Findings: The study shows that the MNCs are selling newly patented, life saving drugs at exorbitant prices. It highlights that the imports of high priced finished drugs are expanding rapidly and manufacturing investments are lagging behind. The aggregate market share of the MNCs in the formulations market has gone up dramatically with the taking over of some Indian companies by the MNCs.
2010-2011	Annual Report 2010-2011 (Office of Controller General of Patents, Design, Trademark, Geographical Indications India)	Office of Controller General of Patents, Design, Trademark, Geographical Indications India)	Proposition: To bring forth the work done by the govt. office with regard to administrating over IP related issues, detail on the progress made with regard to pending applications, oppositions, registrations, done in the financial year. Findings: (1) Applications filed increased by 14.91 % (2) Grant of patents increased by 21.74 % (3) 39,400 applications filed [Indian applications 8062 and foreign applications 30272 (approx.)]] (4) 11,208 applications examined (5) 7,509 patents granted (6) 12,851 applications disposed (7) 294 pre-grant opposition were received, and 19 applications were disposed of (8) 29 post-grant opposition were received, and 30 applications were disposed of (9) Patent Office’s functioning was streamlined by improving the electronic processing of patent applications
2010	Institutional Innovation or Institutional Imitation? The Impacts of TRIPS on Indiaʼs Patent Law and Practice (WIPO - https://www.wipo.int/meetings/en/doc_details.jsp?doc_id=149671)	Bhaven N. Sampat	Proposition: This paper provides empirical data on the impacts of TRIPs in Indian pharmaceuticals. Novel data on Indian drug applications is used to assess the institutional innovation versus institutional imitation hypotheses. Findings:: The author finds that India has a much lower grant rate than the EPO. Section 3(d) of India's patent law, which limits patents on “incremental” pharmaceutical innovations, has had very little effect on outcomes in India vis-à-vis the control sample. Section 3(d) keywords are less likely to matter in India as compared to the EPO.The author finds that even though 3(d) is a subject matter test, in other countries, “incremental” innovations may be more difficult to obtain for obviousness/inventive step reasons.
2010	Five Years into the Product Patent Regime: India’s Response (UNDP)	Sudip Chaudhuri, Chan Park and K. M. Gopakumar Edited by Kajal Bharadwaj	Proposition: This study aims to highlight the effects on the Indian pharmaceutical industry five years after TRIPS amended the Indian patents regime. Findings: The study highlights how after TRIPS collaborations between Indian companies and MNCs that are restricting competition and both of them are gaining at the cost of consumers. The study also finds that the anticipated benefit of TRIPS regarding product patent incentive prompting local companies in developing countries to develop drugs, according to their own needs, has not materialized. It highlights how new chemical entities that are developed by Indian companies are aimed at global diseases that have lucrative markets.
2009	Product Cycles, Innovation, and Exports: A Study of Indian Pharmaceuticals (World Development Volume 37, Issue 9, Pages 1478-1483)	Alka Chadha	Proposition: This paper studies the product cycle and neo-technology theories of trade in the context of generic pharmaceuticals. It analyzes the export performance of 131 Indian pharmaceutical firms for the period 1989–2004. Findings: The results indicate that technology proxied by foreign patent rights has a positive impact on exports. This suggests that developing countries with innovation skills for process innovations are capable of penetrating international markets in the later stages of the product cycle by using patents, which were the barriers to trade in the early stages of the product cycle.
2009-2010	Annual Report 2009-2010 (Office of Controller General of Patents, Design, Trademark, Geographical Indications India)	Office of Controller General of Patents, Design, Trademark, Geographical Indications India)	Proposition: To bring forth the work done by the govt. office with regard to administrating over IP related issues, detail on the progress made with regard to pending applications, oppositions, registrations, done in the financial year. Findings: (1) Applications filed decreased by 6.85 % (2) Grant of patents decreased by 61.5 % (3) 34287 applications filed [Indian applications 7044 and foreign applications 26417 (approx.)]] (4) 6069 applications examined (5) 6168 patents granted (6) Data on applications disposed not available. (7) 103 pre-grant opposition were received, and 32 applications were disposed of (8) 28 post-grant opposition were received, and 4 applications were disposed of
2008-2009	Annual Report 2008-2009 (Office of Controller General of Patents, Design, Trademark, Geographical Indications India)	Office of Controller General of Patents, Design, Trademark, Geographical Indications India)	Proposition: To bring forth the work done by the govt. office with regard to administrating over IP related issues, detail on the progress made with regard to pending applications, oppositions, registrations, done in the financial year. Findings: (1) Applications filed increased by 4.52 % (2) Grant of patents increased by 4.86 % (3) 36812 applications filed [Indian applications 6161 and foreign applications 29970 (approx.)] (4) 10296 applications examined (5) 16061 patents granted (6) Data on applications disposed not available. (7) 153 pre-grant opposition were received, and 39 applications were disposed of (8) 71 post-grant opposition were received, and 7 applications were disposed of
2007-2008	Annual Report 2007-2008 (Office of Controller General of Patents, Design, Trademark, Geographical Indications India)	Office of Controller General of Patents, Design, Trademark, Geographical Indications India)	Proposition: To bring forth the work done by the govt. office with regard to administrating over IP related issues, detail on the progress made with regard to pending applications, oppositions, registrations, done in the financial year. Findings: (1) Applications filed decreased by 21.6 % (2) Grant of patents increased by 103.15 % (3) 35218 applications filed [Indian applications 6040 and foreign applications 28344 (approx.)] (4) 11751 applications examined (5) 15316 patents granted (6) Data on applications disposed not available. (7) 64 pre-grant opposition were received and 17 applications were disposed of (8) 34 post-grant oppositions were filed and 6 were disposed of
2007	Indian patenting activity in international and domestic patent system: Contemporary scenario (Current Science Association, Vol. 92, No. 10, pp. 1366-1369)	Sujit Bhattacharya, K. C. Garg, S. C. Sharma and Bharvi Dutt	Proposition: The paper is a detailed assessment of Indian patenting activity from 1990-2002. It also makes a comparison between the grants by IPO’s European and the US counterparts. Finding: The study has brought out insights of Indian patenting activity in the US and Indian Patent Office (IPO), patenting undertaken by foreign R&D centres in India, patenting activity in industrial sectors, impact of patents granted in the US as seen through patent and journal article citations, and international patenting trend.
2006-2007	Annual Report 2006-2007 (Office of Controller General of Patents, Design, Trademark, Geographical Indications India)	Office of Controller General of Patents, Design, Trademark, Geographical Indications India)	Proposition: To bring forth the work done by the govt. office with regard to administrating over IP related issues, detail on the progress made with regard to pending applications, oppositions, registrations, done in the financial year. Findings: (1) Applications filed increased by 18.09 % (2) Grant of patents increased by 74.51 % (3) 28940 applications filed [Indian applications 5314 and foreign applications 22933(approx.)] (4) 14119 applications examined (5) 7539 patents granted (6) Data on applications disposed not available. (7) 44 pre-grant oppositions were received, and 19 pre-grant oppositions were disposed. (8) 27 post-grant oppositions were received, and no applications were disposed.
2006	WTO, the Trips and Indian Pharmaceutical Industry (Journal of Quantitative Economics volume 4, pages97–110)	Kausik Chaudhary and Suraji Das	Proposition: This paper analyzes the efficiency of firms in Indian Pharmaceutical Industry before and after the Trade Related Intellectual Property Rights (TRIPs) agreement. Findings: The analysis reveals that the efficiency of firms has increased after the Indian legislature has passed the bill for accepting patent applications in early 1999. Further, it finds that R&D intensity and market share influence efficiency of firms. The impact of import intensity enhances inefficiency. The result indicates absence of ownership effects after the Indian legislature had passed the bill for accepting patent applications.
2006	Estimating the Effects of Global Patent Protection in Pharmaceuticals: A Case Study of Quinolones in India (AMERICAN ECONOMIC REVIEW VOL. 96, NO. 5, DECEMBER 2006 (pp. 1477-1514))	Shubham Chaudhuri Pinelopi K. Goldberg Panle Jia	Proposition: This paper empirically investigates the welfare effects of enforcement of product patents in developing countries using data for the fluoroquinolones subsegment of the systemic anti-bacterials segment of the Indian pharmaceuticals market. Finding: The paper finds that in the quinolone subsegment of the systemic antibacterials segment alone, patent enforcement would result in a large welfare loss for the Indian economy. The estimated loss ranges from $144 million to an upper bound of $450 million annually, depending on the way policies are implemented.
2005-2006	Annual Report 2005-2006 (Office of Controller General of Patents, Design, Trademark, Geographical Indications India)	Office of Controller General of Patents, Design, Trademark, Geographical Indications India)	Proposition: To bring forth the work done by the govt. office with regard to administrating over IP related issues, detail on the progress made with regard to pending applications, oppositions, registrations, done in the financial year. Findings: (1) Applications filed increased by 40.30 % (2) Grant of patents increased by 126.06% (3) 24505 applications filed [Indian applications 4521 and foreign applications 18478 (approx.)] (4) 11569 applications examined (5) 4320 patents granted (6) Data on applications disposed not available. (7) 155 pre-grant oppositions were received, and 100 pre-grant oppositions were disposed. (8) 06 post-grant oppositions were received and 4 pre-grant oppositions were disposed