Patents and Mobile Devices in India: An Empirical Survey

Though India has the second-largest wireless subscriber base in the world, with more than 150 mobile device vendors, it has, until recently, remained relatively unaffected by the global smartphone wars. Over the past three years, however, a growing number of patent enforcement actions have been brought by multinational firms against domestic Indian producers. These actions, which have largely resulted in judgments favoring foreign patent holders, have given rise to a variety of proposals for addressing this situation.

In order to assess the potential impact of patents on the mobile device market in India, and to assist policy makers in formulating and implementing regulations affecting this market, we have conducted a comprehensive patent landscape analysis of the mobile device sector in India using public data relating to Indian patent ownership by technology type, nationality, and industry classification. Our results illuminate a number of important features of the Indian mobile device market, including the overwhelming prevalence of foreign patent holders, the rate at which foreign and domestic firms are obtaining patents, and how these patent holdings are likely to shape industrial dynamics in the Indian market for mobile devices, as well as the availability of low-cost mobile devices that can significantly enhance public health, agriculture, safety and economic development throughout India.

Download the full paper here

This paper was published by the Vanderbilt Journal of Transnational Law on February 9, 2017.

Author

Rohini Lakshané

Rohini Lakshané is a technologist by training, a public policy researcher and a Wikimedian. She has worked on several research and advocacy projects on the intersection of technology, policy, and civil liberties. Her body of work encompasses diverse territories such as the application of technology and policy to solve issues of gender inequity, violence and discrimination; access to knowledge; openness; patent reform; making tech spaces diverse and inclusive; and the cross-hairs of gender, sexuality and the Internet. In 2014 and 2015, Rohini served on the jury of The Best of Blogs, an international award honouring excellence in online activism, instituted by German broadcaster Deutsche Welle. In a previous avatar, Rohini worked as a technology journalist and editor in the print and web domains, ferreting out stories on human interest and online civil liberties. Rohini tweets @aldebaran14.