Secondary Pharmaceutical Patenting: A Global Perspective
Pharmaceutical firms’ use of secondary patents to extend periods of exclusivity generates concerns among policymakers worldwide. In response, some developing countries have introduced measures to curb the grant of these patents. While these measures have received considerable attention, there is limited evidence on their effectiveness. We follow a large sample of international patent applications in the US, Japan, the European Patent Office, and corresponding filings in three developing countries with restrictions on secondary patents, India, Brazil, and Argentina. We examine cross-country comparisons of primary vs. secondary grant rates, consider the differential fates of “twin” applications filed in multiple countries, and undertake detailed analyses of patent prosecution in the three developing countries. Our analyses indicate that measures to restrict secondary patents in developing countries are having limited impact. In none of these three countries are specific policies toward secondary patents the principal determinant of grant rates. Our analyses also suggest the importance of other procedural aspects of patent systems, beyond the formal policies targeting secondary applications, that affect outcomes for these applications in developing countries.
|Date of creation:||Jan 2017|
|Contact details of provider:|| Postal: National Bureau of Economic Research, 1050 Massachusetts Avenue Cambridge, MA 02138, U.S.A.|
Web page: http://www.nber.org
More information through EDIRC
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
- Mark Duggan & Craig Garthwaite & Aparajita Goyal, 2016.
"The Market Impacts of Pharmaceutical Product Patents in Developing Countries: Evidence from India,"
American Economic Review,
American Economic Association, vol. 106(1), pages 99-135, January.
- Mark Duggan & Craig Garthwaite & Aparajita Goyal, 2014. "The Market Impacts Of Pharmaceutical Product Patents In Developing Countries: Evidence From India," Discussion Papers 14-005, Stanford Institute for Economic Policy Research.
- Mark Duggan & Craig Garthwaite & Aparajita Goyal, 2014. "The Market Impacts of Pharmaceutical Product Patents in Developing Countries: Evidence from India," NBER Working Papers 20548, National Bureau of Economic Research, Inc.
- 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.
- Bhaven N. Sampat & Kenneth C. Shadlen, 2015. "Drug patenting in India: looking back and looking forward," LSE Research Online Documents on Economics 62652, London School of Economics and Political Science, LSE Library.
- Keith E. Maskus, 2000. "Intellectual Property Rights in the Global Economy," Peterson Institute Press: All Books, Peterson Institute for International Economics, number 99, 03.
- Elizabeth Webster & Paul H. Jensen & Alfons Palangkaraya, 2014. "Patent examination outcomes and the national treatment principle," RAND Journal of Economics, RAND Corporation, vol. 45(2), pages 449-469, 06.
- Carlos Correa, 2007. "Guidelines for the Examination of Pharmaceutical Patents: Developing a Public Health Perspective," Working Papers id:1203, eSocialSciences. Full references (including those not matched with items on IDEAS)
When requesting a correction, please mention this item's handle: RePEc:nbr:nberwo:23114. See general information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: ()
If references are entirely missing, you can add them using this form.