Is worldwide patent protection converging? A cross-country index of patent protection strength 1990–2020

Abstract

This paper introduces the International Patent Protection Strength (IPPS) index, a composite measure designed to assess global patent protection from the perspective of patent owners. Spanning 134 countries from 1990 to 2020, the IPPS index encompasses four dimensions—international mechanism, legislation, enforcement, and administration—constructed using standardized techniques recommended by the OECD. Results indicate global growth in patent protection strength until 2005, followed by a plateau with persistent disparities. Our findings also highlight the heterogeneity across countries and dimensions. In particular, variations in four dimensions are observed among countries at different income levels, with enforcement and administration being more pronounced, often due to resource constraints and a lack of willingness. Linear regression analysis demonstrates a positive and statistically significant relationship between the IPPS index and the Global Innovation Index (GII), affirming the correlation between patent protection strength and innovation. Sensitivity tests validate the robustness of country rankings across different weighting and aggregation methods. These results align with the viewpoint of some commentators who argue that a peaceful North-South dialogue requires introducing a development agenda that allows for affordable access, rather than solely extending intellectual property rights. The IPPS index serves as a valuable tool for policymakers, patent managers, and practitioners, enabling the identification of strengths and weaknesses in patent protection systems and informing targeted policy measures and strategic decision-making.