From Idea to Monopoly? A Jurisprudential Review of Start-ups and Patent Law in India

Abstract

Start-ups operate in fast-paced, innovation-driven economies where legal frameworks, particularly patent laws, play a crucial role in shaping investment, competition and growth. The law and economics theory provides a structured approach to assessing the efficiency of patent laws by analysing key variables such as patent grant time, costs of patent protection, competitive impact and judicial enforcement patterns. This article examines India’s patent regime through the theoretical lens to determine whether it effectively fosters start-up innovation while ensuring fair market competition. Given the unique financial and operational challenges start-ups face, a well-calibrated patent system should incentivise innovation while avoiding market distortions that hinder new entrants. By conducting a comparative analysis with international patent models, this study identifies strengths and shortcomings within India’s patent framework. The research aims to bridge the gap between legal formalism and economic realities, offering policy recommendations to enhance patent accessibility, reduce procedural inefficiencies and create a more start-up–friendly innovation ecosystem. The findings contribute to ongoing discussions on optimising intellectual property laws to support economic growth, entrepreneurship and technological advancement in India.