International Journal of Law

This study is focused on merits and scope of Patent Pooling in India which is a developing country. The medical and health care facilities in India are not satisfactory. The low-income people are not in a position to afford expensive medical facilities. Patent Pooling means an agreement between two or more patent proprietor to permit or license one or more of their patents to each other or to third parties. It is formed to share the resources of two or more companies which will promote growth and development of the country as well as innovating something new. It provides one-stop shopping. It is a double-edged sword for the third parties. The Indian Patents Act, 1970 does not render any provision related to the formation of patent pools but at the same time it neither restrain the formation of patent pools. There might be one barrier in its formation i.e., anti-competitive policies regulated by Competition Act, 2002.

“Patents are like fertilizer. Applied wisely and sparingly, they can increase growth. But if you apply too many chemicals, or make patents too strong, then you can leach the land, making growth more difficult.” — Alex Tabarrok