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Pharmaceutical patent examination outcomes in the Dominican Republic

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  • Luis Gil Abinader

    (University of Buenos Aires)

Abstract

In the Dominican Republic, the legal provisions requiring the substantive examination of patent applications were enacted 20 years ago, along with the implementation of the TRIPS agreement. Prior to this, the country had a registration system in which all applications that were filed ended up being registered. This offers an opportunity to explore the outcomes of applications in a country that embarked on substantive patent examinations relatively recently. and which has drawn comparatively less attention in academic research related to the rigorousness of patentability criteria. Based on a novel dataset of pharmaceutical patent applications filed in the Dominican Republic between 2000 and 2015, I find that only 16% of them were granted. This seems surprisingly low. However, I also find that grant rates may be influenced by several factors, including some that are not strictly related to patent examination. In particular, some applications may have been disposed of without a grant because their applicants acquired additional knowledge, indicating that the underlying inventions lacked commercial value. This calls for more attention towards other policies – such as legal provisions and institutional arrangements designed to accelerate the speed of patent examination – which could also be determinants of grant rates.

Suggested Citation

  • Luis Gil Abinader, 2020. "Pharmaceutical patent examination outcomes in the Dominican Republic," Journal of International Business Policy, Palgrave Macmillan, vol. 3(4), pages 385-407, December.
  • Handle: RePEc:pal:joibpo:v:3:y:2020:i:4:d:10.1057_s42214-020-00070-w
    DOI: 10.1057/s42214-020-00070-w
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    References listed on IDEAS

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    1. Amy Kapczynski & Chan Park & Bhaven Sampat, 2012. "Polymorphs and Prodrugs and Salts (Oh My!): An Empirical Analysis of “Secondary” Pharmaceutical Patents," PLOS ONE, Public Library of Science, vol. 7(12), pages 1-9, December.
    2. Bhaven N Sampat & Kenneth C Shadlen, 2018. "Indian pharmaceutical patent prosecution: The changing role of Section 3(d)," PLOS ONE, Public Library of Science, vol. 13(4), pages 1-19, April.
    3. Sampat, Bhaven N. & Shadlen, Kenneth C., 2017. "Secondary pharmaceutical patenting: A global perspective," Research Policy, Elsevier, vol. 46(3), pages 693-707.
    4. Jean O. Lanjouw & Ariel Pakes & Jonathan Putnam, 1998. "How to Count Patents and Value Intellectual Property: The Uses of Patent Renewal and Application Data," Journal of Industrial Economics, Wiley Blackwell, vol. 46(4), pages 405-432, December.
    5. Shadlen, Kenneth C., 2017. "Coalitions and Compliance: The Political Economy of Pharmaceutical Patents in Latin America," OUP Catalogue, Oxford University Press, number 9780199593903.
    6. María José Abud & Bronwyn Hall & Christian Helmers, 2015. "An Empirical Analysis of Primary and Secondary Pharmaceutical Patents in Chile," PLOS ONE, Public Library of Science, vol. 10(4), pages 1-17, April.
    7. Yamauchi, Isamu & Nagaoka, Sadao, 2015. "An economic analysis of deferred examination system: Evidence from a policy reform in Japan," International Journal of Industrial Organization, Elsevier, vol. 39(C), pages 19-28.
    8. Lanjouw, Jean O & Pakes, Ariel & Putnam, Jonathan, 1998. "How to Count Patents and Value Intellectual Property: The Uses of Patent Renewal and Application Data," Journal of Industrial Economics, Wiley Blackwell, vol. 46(4), pages 405-432, December.
    9. Carlos Correa, 2007. "Guidelines for the Examination of Pharmaceutical Patents: Developing a Public Health Perspective," Working Papers id:1203, eSocialSciences.
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