A Comprehensive Analysis of Chemical Patent

A Chemical Patent is fundamentally a drug patent that helps by providing protection to the inventions made by the Pharmacy Industry. The process of Chemical Patent safeguards the process used to manufacture or make a specific drug, whereas a chemical formula Patent safeguards the ingredients. Since drugs can be easily replicated and copied by analysis, such patents are vital in the industry of Pharmaceutical. Scroll down to check more information regarding the Chemical Patent.

An Overview of Patent

Before we discuss about Chemical Patent, let us first know the term Patent. A Patent is an important part of the Intellectual Property Rights (IPR) that offers the owner exclusive lawful rights to use, publish, sell, and make an invention for a given period. In exchange for this legal right, the inventor should publish details concerning the design. Around the globe, Patents aid companies by providing competitive advantages, as it enables them to control who sells or uses their invention. Pharmacy companies patent their drugs to safeguard their interest and have control over selling the drug for a specified period.

Also, Read: What are the Types of Patent Applications? – An Overview

Different Types of Patent

• Ordinary Patent: This Patent doesn’t claim any priority or comprises any references to previous applications, and applications for the ordinary patents go to the Patent Office.
• Provisional Patent: This Patent is very beneficial when the invention is in the experimentation stage as it is valid for one year. The Patent is very easy to file, more reasonable and requires minimum documentation.
• PCT National Patent: When the application for Patent Registration is from India, the applicant should file a national claim before 31 months of submitting an international request.
• PCT International Patent: Patent applications filed with India as the Receiving Office as per the guidelines of the Patent Cooperation Treaty, making it useable in more than 150 nations worldwide.

Patent Laws in India

The first Patent Law in India was the Indian Patents and Designs Act, 1911, which later gave way to the Patents Act, 1970. After the implementation in 1972, another round of modification or change occurred through the Patents (Amendment) Act, 2005. This modification added the provision to file for product Patents. After coming into power, the modification led to the cancelling of the provisions of Exclusive Marketing Rights.

Is it Possible for you to Patent a Chemical Compound?

Chemical Patent helps scientists /researchers/inventors hold an exclusive right to publish, sell, use, and particular market chemicals, molecules, and compounds. The Patent lengthens itself to the development, modifications, experimentation, marketing, and use of such chemical compounds in different items. Hence, a chemical Patent or formula helps scientists to safeguard their innovation or discovery.

Process to File an Application for Chemical Patent

• The process of Patent Registration of a new chemical starts with filing an application for Patent at the Indian Patent Office through a full or provisional specification;
• After filing the application, the applicant needs to submit the application along with the required fees as per Schedule 1;
• If a Provisional patent was filed, the inventor or the Patent owner must file a complete Patent before the year-end to finish the process of Patent and protection;
• Once the application is applied, an expert or a team will examine the application within 48 months of time from the Patent filing date;
• If any objections are raised, the patentee gets a chance to meet the required condition before six months, which may be extended for the next three months;
• In case the worries raised by the team are not met before nine months, the application is rejected or considered unrestricted;
• Once all the necessities are fulfilled, the Patent Office Journal publishes the Patent online and issues the same, completing the Patent process.

What is the Procedure to file a Patent Registration in India?

Following is the step by step procedure for Patent Registration in India:

• Write all the details and information regarding your concept, idea, or invention;
• The application for a Patent Registration must include details about the significance are, description, way of working, and its advantages or benefits;
• Ensure that you comprise sketches, diagrams, and drawings to describe your invention;
• Also, make sure that the application for Patent Registration meets all the necessities of patentability or eligibility of Patent in India;
• Once you finish your analysis, search for a piece of expert advice to support you decide whether to file for a Patent;
• Decide whether to go for full or provisional specification and draft the Patent application;
• Once you finish, go forward with the process mentioned above.

Validity of Chemical or Drug patent

The validity of a chemical or drug Patent in India is for twenty years from applying the same. But, in the case of PCT National Applications, the twenty years commences from the date of filing International Patent. Also, since Patent protection is regional, the rights of a Patent are valid only within a suggested territory. But, the same Patent process may be originated in nations under the PCT to make the Patent effective there.

Conclusion

In the Pharmacy industry, the protection of drugs and medicines is accorded specific importance because medicines and drugs can be imitated easily. Due to the noteworthy research and development spending and the high risks linked with the improvement of a new drug or medicine. It is advisable to contact an expert to know more about the Chemical Patent.

Also, Read: What is the Meaning of Evergreening of Patent? – An Overview