In our study we have tried to focus on the evolution of the patent system in India, and thereby tried to present a historical and analytical review of Indian patent scenario at macro level, since the inception of WTO-TRIPS till now. While reviewing the patent scenario in India, we found that total patents filed and granted and in force, have increased in absolute terms during 1990 to 2009. In terms of patents applied, granted and in force, Indian performance and enthusiasm appears to be far from satisfactory. The number of domestic patents are substantially lower than foreign patents filed, granted and in force, throughout the reference period (1990–2009). The growth rates (both annual and trend growth rates) of domestic patents applied and granted are lower than their foreign counterpart for the study period. After the paradigm shift in Indian patent regime, we found that there has been no significant impact on patent applied. But foreign patents granted and patents in force are significantly benefited while the domestic counterparts have not been able to reap any beneficial stimulus. However, Indian patenting activity have established itself in newer areas such as biotechnology, computer/electronics etc. Indian patenting intensity is substantially lower than that of the developed countries and the emerging economies (BRICs nations). Unlike the developed nations, in India, the major spender on Research and Development (R&D) is the government sector, including public sector enterprises, state and central government departments and organisations. Indian private sector enterprises have shown lackluster performance in terms of R&D activities.
Evolution, Enthusiasm, Foreign, Counterpart
