TRIPS Agreement and its Impact on Patenting Eco-system and Patenting in India: A Comprehensive Review

Abstract

TRIPS Agreement was made with the objective that it would spur in patenting activities and dissemination of technical knowledge in society. The aim of this study is to map the efforts made by India for compliance with TRIPS Agreement and its impact on patenting eco-system and patenting activities in the country. The present study reveals positive impact on patent eco-system as evidenced by the steps taken by India for strengthening of S&T infrastructure, adoption of appropriate S&T policies, and enhancement in investment on R&D during and post-TRIPS compliant regime. Analysis of the patenting activities distinctly highlights an accelerated impact on patenting activities by Indian applicants in comparison to that of foreign applicants. As a result, patent applications filed by Indian applicants out-numbered filings by foreign applicants in the financial year 2022-23, reversing the long standing past trend of higher filing by foreign applicants. This trend of higher filings by the Indian applicants continued in the subsequent years 2023-24 and 2024-25 also.