Summary
This article analyses the progress of pharmaceutical patents in India over a decade following the 2005 amendment of the Indian Patents Act, which aligned the law with the TRIPS agreement. It presents statistical data showing the steady contribution of the pharmaceutical sector to patent filings, despite legal and regulatory challenges. The post examines reasons for the recent decline in pharma patent applications, such as stricter examination guidelines and the impact of the Traditional Knowledge Digital Library. Major governmental and private contributors to pharmaceutical patenting are identified. The piece concludes by noting that Indian pharma companies have maintained a strong presence in global patent filings.
Overview
This post presents statistical information about the progress made by India with respect to pharmaceutical patents over the period 2005 to 2014.
The Indian Patents Act amendment of 2005 ushered in a new era for the pharmaceutical industry in India. The amending act of 2005 made the Patents Act, 1970 substantially compliant with the TRIPS agreement signed by India in 1995. This post provides a statistical analysis of a decade of pharmaceutical patents in India.
The pharmaceutical industry has been one of the most steady and significant contributors to intellectual property in India, and more specifically to the field of patents. The pharma industry has maintained a standard rate of patent filings despite several major court decisions going against pharmaceutical companies, as observed in the cases of Bayer v. Natco and Novartis A.G v. Union of India.
Pharmaceutical Patent Filings: 2005 to 2014
The following table summarises the ten years of patent activity with respect to pharmaceutical patents:
| Year | Number of Patents Filed | Number of Pharma Patents [Drug + Biomedical] | Contribution percentage by Pharma patents |
| 2005-2006 | 24,505 | 2,211 | 8% |
| 2006-2007 | 28,882 | 3,239 | 10% |
| 2007-2008 | 35,218 | 5,146 | 13% |
| 2008-2009 | 36,812 | 4,778 | 11% |
| 2009-2010 | 34,287 | 3,780 | 10% |
| 2010-2011 | 39,400 | 4,248 | 10% |
| 2011-2012 | 43,197 | 4,028 | 9% |
| 2012-2013 | 43,674 | 4,007 | 8% |
| 2013-2014 | 42,951 | 3,119 | 7% |
Pharmaceutical patents have been steady contributors to the total patent applications filed each year through the decade. The range of contribution varies between a minimum of 7% and a maximum of 13%. Although the overall average of pharmaceutical patent contribution stands at 10%, recent years have shown a decline in the number of patent applications filed by pharmaceutical companies. A possible reason for the decline may be attributed to stricter rules and regulations being applied by the patent office in respect of pharmaceutical patents. The Guidelines for Examination of Patent Applications in the Field of Pharmaceuticals issued by the patent office provides a description of the prevailing approach with respect to pharmaceuticals and patenting. Many pharmaceutical patents have been refused since the introduction of the Traditional Knowledge Digital Library (TKDL), the brainchild of CSIR, which is aimed at preventing the grant of patents to applications that seek to patent traditional knowledge.
Major Contributors to Pharmaceutical Patents
The major contributors to pharmaceutical patents over the decade are summarised in the following table:
| Type of Organization | Organization Name | |
| Governmental Organizations | 1. National Institute of Pharmaceutical Education and Research (NIPER) 2. Indian Council for Medical Research (ICMR) 3. Jubilant Life sciences 4. Central Council for research in Unani Medicine 5. Council for Scientific and Industrial Research (CSIR) 6. Department of Biotechnology (DBT) |
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| Private Organizations | Panacea Biotech LupinPharma Cadila Healthcare Pharmed Medicare Unichem Natco Matrix Labs Dr. Reddy’s Laboratories Ranbaxy Laboratories Ltd. Avesthagen Ltd. Orchid Chemicals & Pharmaceuticals Ltd. Aurobindo Pharma Ltd. |
Jubilant Organosys Ltd. Wockhardt Research Centre Cipla Ltd. Hetero research Foundation Sulur, Subramaniam Vanangamudi Concept Medical Research Pvt. Ltd. Rubicon Research Pvt. Ltd. Stempeutics Research Pvt. Ltd. Envision scientific Pvt. Ltd. Sun pharma advanced research co. Ltd |
Despite the decline in pharmaceutical patenting since 2007, reports have indicated that pharmaceutical companies dominated the 2014 list of Indian firms filing for global patents, suggesting that the annual figures for 2014-2015 may show a more positive trend.
Disclaimer
This article is for general information and does not constitute legal advice. Readers should consult a qualified attorney before acting on any matter discussed here.