Chemical patent
Template:Sidebar with heading backgrounds A chemical patent or pharmaceutical patent is a patent for an invention in the chemical or pharmaceuticals industry. Strictly speaking, in most jurisdictions, there are essentially no differences between the legal requirements to obtain a patent for an invention in the chemical or pharmaceutical fields, in comparison to obtaining a patent in the other fields, such as in the mechanical field. A chemical patent or a pharmaceutical patent is therefore not a sui generis right, i.e. a special legal type of patent.
Patents are particularly important in the pharmaceuticals industry where they are used to protect the large investments that are necessary to develop drugs.[1] Patent protection has a huge bearing on the commercial success of a company.[2] Patents are a core instrument used in the competition between "originator companies" and "generic companies",[3] and between originator companies.[4]
- "The so-called "originator" companies are active in research, development, manufacturing, marketing and supply of innovative medicines. These are usually subject to patent protection, needed to provide a reward for innovation and incentives for future research. When patent protection expires, the originator companies lose their exclusive rights to manufacture and market these medicines and generic manufacturers can enter the market with medicines that are equivalent to the original medicines, but typically at significantly lower prices. This helps contain public health budgets, contributes to an increase in consumer welfare and creates incentives for further innovation."[4]
Patents in the chemical or pharmaceutical industry are also an important source of technical and bibliographic information. Chemical patents are different from other sources of technical information because of the generic, Markush structures contained within them, named after the inventor Eugene Markush who won a claim in the US in 1925 to allow such structures to be used in patent claims. These generic structures are used to make the patent claim as broad as possible.
References
- ↑ "... patents are key in the pharmaceutical sector, as they allow companies to recoup their often very considerable investments and to be rewarded for their innovative efforts" in European Commission, Pharmaceutical Sector Inquiry, Preliminary Report (DG Competition Staff Working Paper), 28 November 2008, page 5 (pdf, 1.95 MB).
- ↑ "In the pharmaceutical industry, patent protection has a huge bearing on the commercial success of a company. By providing exclusive rights to the holder, patents offer a pharmaceutical company the opportunity to reap financial reward for investment made in the development of new therapeutic agents." in European Commission, Pharmaceutical Sector Inquiry, Preliminary Report (DG Competition Staff Working Paper), 28 November 2008, page 136.
- ↑ European Commission, Pharmaceutical Sector Inquiry, Preliminary Report (DG Competition Staff Working Paper), 28 November 2008, page 5.
- ↑ 4.0 4.1 European Commission, Pharmaceutical Sector Inquiry, Preliminary Report (DG Competition Staff Working Paper), 28 November 2008, page 6.
Further reading
- European Commission, Pharmaceuticals, Sector Inquiry, 2008 (Public Consultation, Preliminary Report).
- "Patents and Pharmaceuticals", a paper given on 29 November 2008 at the Presentation of the Directorate-General of Competition’s Preliminary Report of the Pharma-sector inquiry, by the Rt. Hon. Sir Robin Jacob
See also
External links
- India wins landmark patent battle, BBC News, March 9, 2005
Papers
- "HIV/AIDS, Patents and the TRIPS Agreement: Issues and Options", United States Congressional Research Service, July 27, 2001
- "Pharmaceutical Patent Term Extensions: A Brief Explanation", United States Congressional Research Service, January 31, 2002