An Analysis on Pharmaceutical Patents in India

— Transformation of Indian Pharmaceutical Firms’ biz Model After Introduction of Product Patent —

Abstract

India has a long history of patent protection since the country was a colony of the Britain. However, the country revised its patent law and enacted Patents Act, 1970 which did not have any product patent protection in the pharmaceutical field. Under the Patents Act, 1970, the Indian pharmaceutical industry developed rapidly. The Indian pharmaceutical market became No. 4 in the world (in volume). However due to TRIPS, India re-introduced product patent in the pharmaceutical field in 2005. The Indian pharmaceutical companies launched new drug development late 1990s – early 2000s as a preparation for product patent regime after 2005. This study analyzed large Indian pharmaceutical companies’ biz model by examining new drug development practices and patent application by utilizing database.