Bridging The Gap: Exploring Patent Pooling And Collaboration Mechanisms In The Indian Economy

Nidhi N Anand, PES University

ABSTRACT

The expanding scope of intellectual property rights in upstream biomedical research has resulted in a "tragedy of the anticommons," according to Heller and Eisenberg's 1998 paper1. This has created difficulties for users who need access to several proprietary inputs to make a single usable product. The basic idea behind the anticommons thesis is that no one can utilise anything when too many individuals possess fragments of it. Private ownership often generates wealth. Underutilization of resources in an anticommons is the result of excessive ownership, on the other hand2. The cost of biomedical innovation rose and the rate of downstream innovation slowed down as they noticed that each upstream patent allowed its owner to erect another tollbooth on the path to product creation. Through patent cooperation, one may reduce transaction costs, foster efficiency and innovation, prevent expensive patent infringement lawsuits, and overcome patent thicket issues. Additionally, if there are pressing matters of great public concern, patent cooperation is frequently employed as a result of regulatory involvement. The rising cost of biomedical innovation has become a critical challenge, with the rate of downstream innovation slowing significantly. This slowdown is often attributed to the presence of upstream patents that act as tollbooths along the pathway to product development. Each patent owner gains the right to control access to essential knowledge or technologies, which can create bottlenecks for innovators trying to develop new biomedical products. As companies or researchers encounter multiple patents during the development process, they often face difficulties in negotiating access, leading to higher transaction costs and delays in innovation. This fragmented landscape, commonly referred to as a "patent thicket," can discourage potential investments and hinder the commercialization of breakthrough technologies. Two examples are the availability of medications and global warming.