7 - The jewel in the crown: India's Patent Office  pp. 199-220

The jewel in the crown: India's Patent Office

By Peter Drahos

Image View Previous Chapter Next Chapter



Integration

At the beginning of the twenty-first century Brazil, China and India are generally talked about as high-growth economies with China and India in particular set on a path that might potentially see them each chug past the US economy in terms of size. Whatever the future holds these three countries are presently major economic powers using measures such as total GDP. All three countries have a patent law and are investing heavily in the creation of a large modern patent office. Of the three countries China is the most advanced down this path. Its patent office is an International Searching Authority (ISA) for the purposes of the Patent Cooperation Treaty (PCT). The patent offices of India and Brazil, as we saw in Chapter 6, have only just been admitted to ISA status. Both have the potential to increase the size of their offices in the way that China has because both have access to a large pool of low-cost scientific labour.

Before we examine the patent offices of these three countries in more detail we should note that the modernization of their respective offices represents the last step of the integration of these countries into the international patent regime. They are following a historical pattern that we saw inChapter 3 held true for European powers of the late nineteenth century and early twentieth century in which the modernization of patent offices occurred well after the enactment of patent law.

A. Somogyi et al., ‘Inside the Isomers: The Tale of Chiral Switches’, 27(2) 2004 Australian Prescriber, 24
Aaron S. Kesselheim, ‘Intellectual Property Policy in the Pharmaceutical Sciences: The Effect of Inappropriate Patents and Market Exclusivity Extensions on the Health Care System’, 9(3) (2007) The AAPS J E306
Anitha Ramanna, ‘Shifts in India's Policy on Intellectual Property: The Role of Ideas, Coercion and Changing Interests’ in P. Drahos (ed.), Death of Patents, Lawtext Publishing, London, 2005, 150
Hannah E. Kettler and Rajiv Modi, ‘Building Local Research and Development Capacity for the Prevention and Cure of Neglected Diseases: The Case of India’, 79 (2001) Bulletin of the World Health Organization, 742
Janice M. Mueller, ‘The Tiger Awakens: The Tumultuous Transformation of India's Patent System and the Rise of Indian Pharmaceutical Innovation’, 68 (2007) University of Pittsburgh Law Review, 491, 508
John Braithwaite, Corporate Crime in the Pharmaceutical Industry, Routledge & Kegan Paul, London, Boston, Melbourne and Henley, 1984
P. Narayanan, Intellectual Property Law, 2nd edn., Eastern Law House, Calcutta, 1997
Shamnad Basheer, ‘ “Policy Style” Reasoning at the Indian Patent Office’, [2005] (3) IPQ, 309
Ved P. Mithal, ‘Patents in India’, 30 (1948) Journal of the Patent Office Society, 62