Kenneth C. Shadlen
Department of International Development
London School of Economics
and Political Science (LSE)
NBER Working Papers and Publications
|January 2017||Secondary Pharmaceutical Patenting: A Global Perspective|
with Bhaven N. Sampat: w23114
Pharmaceutical firms’ use of secondary patents to extend periods of exclusivity generates concerns among policymakers worldwide. In response, some developing countries have introduced measures to curb the grant of these patents. While these measures have received considerable attention, there is limited evidence on their effectiveness. We follow a large sample of international patent applications in the US, Japan, the European Patent Office, and corresponding filings in three developing countries with restrictions on secondary patents, India, Brazil, and Argentina. We examine cross-country comparisons of primary vs. secondary grant rates, consider the differential fates of “twin” applications filed in multiple countries, and undertake detailed analyses of patent prosecution in the three de...
Published: Bhaven N. Sampat & Kenneth C. Shadlen, 2017. "Secondary pharmaceutical patenting: A global perspective," Research Policy, vol 46(3), pages 693-707.