By: |
OKADA, Yoshimi;
NAGAOKA, Sadao |
Abstract: |
We investigate the global spread of pharmaceutical patent protections as
acquired by firms, based on a novel global patent database for all significant
medical drugs introduced in Japan. It gives us the propensity of filing and
grant rate for each country for the granted patents in Japan. Major findings
are the following. Both the filing propensity to and the grant rate of major
Asian countries approached those of the OECD economies by the early 2000s for
chemical substance inventions. However, there still exists substantial
heterogeneity with respect to the other drug inventions: crystal, use,
formulation or combination, suggesting a significant future room for
international harmonization of patent granting standard. We found clear
evidence for policy impact on the spread of protections for the two largest
non-OECD economies. The Patent Law reform in China in 1993 had an immediate
and significant impact on patent filing propensity to China (25 percentage
points increase) well before it becoming a WTO member in late 2001.
Furthermore, the mailbox application system in India had a substantial effect:
the filing propensity reached 80 percent of the number of corresponding EP
patent applications around year 2000, well before the year of TRIPS
implementation for drug patents. |
Keywords: |
pharmaceutical patent, chemical substance patent, TRIPS Agreement, India, China, propensity of patent filing, grant rate |
JEL: |
O34 O38 K29 |
Date: |
2016–07 |
URL: |
http://d.repec.org/n?u=RePEc:hit:iirwps:16-07&r=ipr |