Emerging Markets and the World Patent Order
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Emerging Markets and the World Patent Order

Edited by Frederick M. Abbott, Carlos M. Correa and Peter Drahos

The patent has emerged as a dominant force in 21st century economic policy. This book examines the impact of the BRICS and other emerging economies on the global patent framework and charts the phenomenal rise in the number of patents in some of these countries.
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Chapter 10: India in the world patent order

Rajeev Kher


According to the statistics circulated by the World Intellectual Property Organization (WIPO), in the year 2010, the share of residents in global patent applications at all patent offices put together was estimated to be 37.9%. The share was 39.5% for all patent grants. In India, the share of residents in applications was only 21.2% and in grants 28.0%. At the two extremes of the arc of grants of patents to residents were Italy (89.3%), France (88.7%) and Japan (84.1%) on the one hand and Canada (10.0%), Australia (8.1%) and Singapore (8.3%) on the other. Evidently, Indian engagement with the world in the case of patents tends to reflect the general trend seen in the case of lower and middle income countries. The WIPO data shows that, barring a few exceptions, the share of residents in these countries generally appears to be concentrated much below the average and tends to range between 9 to 30%. The question that needs answering is whether the landscape has changed enough to accommodate a new set of rules for the patenting system. Should the rules be changed since the landscape needs to change to ensure that a better share of the innovation universe accrues to the developing countries?

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