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

The TRIPS Agreement, it was expected, would prove beneficial for developing countries, as it would foster innovation, stimulate competitiveness, promote transfer of technology and encourage investment and international trade. India being a signatory to the 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 strong advocate of the TRIPS Agreement. The patenting data worldwide and the relevant data from USA and India is compared and analysed to interpret trends in various aspects. The study shows that there has been a tremendous growth in patenting in India after the implementation of TRIPS, but no corresponding spurt was observed in inventive activity in India as expected. Majority 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.