TRIPS, pharmaceutical patents, and generic competition in India.

ABSTRACT:

Introduction

India introduced pharmaceutical patents in response to the 1995 Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement. Previous studies that focused on older drugs showed limited effects of patents on India's generic market. We examine how a transitional TRIPS provision, which made patents with first global filing (priority) before 1995 ineligible, affected the likelihood of drugs obtaining strong "primary" patents in India, and the subsequent effects on generic competition.

Methods

We determined the primary patent priority year (PPPYear) for drugs approved in the United States 1995-2017. For each drug, we gathered Indian patent information and recorded the level of generic competition five years from launch.

Results

Primary patents are

SUBMITTER: Kyle MK 

PROVIDER: S-EPMC12934350 | biostudies-literature | 2026 Feb

REPOSITORIES: biostudies-literature