Drafting patent specifications is a highly professional skill acquired over time and requires a good combination of scientific, technological and legal knowledge. The claims of each patent specification form the soul of the patent for which legal ownership is sought. The discovery of a new property in a known material is not patentable. If you can use the property practically, you have made an invention that may be patentable. A discovery that a known substance can withstand mechanical shocks would not be patentable, but a railway sleeper made of that material may well be patented. A substance may not be new, but it has a new property. It may be possible to patent it in combination with other known substances if they have a new result in combination. The reason for this is that no one has ever used this combination to make an insecticide, fertilizer or drug. It is quite possible that an inventor created a new molecule, but its exact structure is not known. In such a case, the description of the substance, as well as its properties and method of manufacture, play an important role. [23] Competition in the global pharmaceutical industry will be driven by scientific knowledge rather than manufacturing know-how, and a company`s success will depend largely on its R&D efforts. Therefore, investments in research and development in the pharmaceutical industry are very high compared to total sales; Reports suggest this could reach 15% of sales. One of the key challenges in this industry is managing innovative risks while striving to gain a competitive advantage over competing organizations.

The risk of failure in pharmaceutical research and development comes at a high cost, as the development of potential drugs that cannot meet strict safety standards is sometimes halted after many years of investment. For drugs that overcome developmental barriers, it takes about 8 to 10 years from the date the compound was first synthesized. As product patents become the most important tools for protecting intellectual property, pharmaceutical companies need to shift their R&D from the development of new production processes for known drugs to the development of a new drug molecule and chemical entity (NCE). In the 1980s, after a period of successful treatment of many short-term diseases, R&D focused on long-term (chronic) diseases. When researching the global market, you need to make sure that you have to meet the requirements of the various regulators. [18] The licensor may also license “know-how” related to the enforcement of the granted patent right, such as information, processes or devices occurring or used in a commercial activity, may be included in a licensing agreement together with patent law. Examples of know-how include: A licence is a contract whereby the licensor authorizes the licensee to engage in certain activities that would otherwise have been illegal. In a patent license, for example, the patent owner (licensor) authorizes the licensee to exercise rights defined on the patent. Accordingly, the licensee is granted the right to do what would otherwise be prohibited, i.e. to make lawful a license that would otherwise be illegal.

[12] The current situation in the pharmaceutical industry suggests that intellectual property rights are being unjustifiably enforced and abused to the detriment of competition and consumer welfare. The lack of risk and innovation on the part of the pharmaceutical industry highlights the inequality that occurs at the expense of the common good. This is an injustice that cannot be remedied through legislative reform alone. While congressional efforts to close loopholes in existing laws, as well as new laws aimed at further curbing adverse business practices by the pharmaceutical industry, may provide some mitigation, antitrust law must intervene appropriately. [21] While antitrust law has adequately addressed certain business practices of the pharmaceutical industry, such as mergers and acquisitions and non-compete agreements, several other practices need to be addressed. Patenting smaller components of an old medicine, reformulating old medicines to obtain new patents, and using advertising and brand names to increase barriers for generic market participants are areas where antitrust law can help stabilise the balance between rewarding innovation and preserving competition. [20] Business information such as customer lists and sales data, marketing, business and management procedures. technical information such as formulas, techniques and working methods, and Originally, only patents, trademarks and industrial designs were protected as “industrial property”, but now the term “intellectual property” has a much broader meaning. IPRs promote technological progress in the following ways:[1–4] Intellectual property (IP) refers to any original creation of the human intellect, such as artistic, literary, technical or scientific creation.

Intellectual property rights (IPR) refer to the legal rights granted to the inventor or creator to protect their invention or creation for a period of time. [1] These legal rights give the inventor/creator or his assignee an exclusive right to fully exploit his invention/creation for a specified period of time. It is widely accepted that intellectual property plays a crucial role in the modern economy. It has also been conclusively asserted that the intellectual work associated with innovation should be given due importance in order to emanate the public good. There has been a leap forward in research and development (R&D) costs with a related increase in the investment required to bring a new technology to market. [2] The stakes for technology developers have become very high and, therefore, the need to protect knowledge from illicit use has become appropriate, at least for a period of time that would ensure recovery of R&D and other related costs and reasonable returns for continued investment in research and development. [3] Intellectual property rights are a powerful tool to protect the investment, time, money and effort invested by the inventor/creator of intellectual property, as they grant the inventor/creator an exclusive right to exploit his invention/creation for a certain period of time. In this way, intellectual property contributes to a country`s economic development by promoting healthy competition and promoting industrial development and economic growth.

This overview provides a brief overview of intellectual property rights, with a particular focus on pharmaceuticals. The rights of authors of literary and artistic works (such as books and other writings, musical compositions, paintings, sculptures, computer programs and films) are protected by copyright for a period of at least 50 years after the death of the author. It is clear that the management of IP and IPRs is a multidimensional task that requires many different measures and strategies that need to be aligned with national legislation and international treaties and practices. It is no longer guided solely by a national perspective. Intellectual property and associated rights are seriously influenced by market needs, market reaction, the cost of converting IP into commercial enterprises, etc. In other words, trade and commercial considerations are important in the management of intellectual property rights. Different forms of intellectual property rights require different treatment, manipulation, planning, strategies and commitment from people with different knowledge in fields such as science, engineering, medicine, law, finance, marketing and business. Each industry should develop its own IP policies, management styles, strategies, etc., depending on the area of expertise. The pharmaceutical industry currently has an evolving IP strategy. As the likelihood of certain intellectual property rights becoming invalid increases, antitrust law must intervene to ensure that invalid rights are not unlawfully invoked to establish and maintain illegitimate, albeit limited, monopolies in the pharmaceutical industry.

In this context, there is still much to be clarified. Intellectual property rights are the rights granted to people by the creation of their mind. They usually give the creator an exclusive right to use their creation for a certain period of time. To restore your access to the website, please enter the following characters as they appear: The Patent Cooperation Treaty (PCT) is a multilateral treaty that entered into force in 1978. Under the PCT, an inventor from a member country that is a PCT Contracting State may simultaneously obtain priority for his invention in all or one of the member countries without having to file a separate application in the countries concerned by designating it in the PCT application. All PCT-related activities are coordinated by the World Intellectual Property Organization (WIPO), based in Geneva. [14] Industrial property can usefully be divided into two main areas: the pressures of globalization or internationalization were not intense in the 1950s to 1980s, and many countries, including India, have been able to do without a strong intellectual property rights system. Globalization, driven by the chemical, pharmaceutical, electronic and IT industries, has led to significant investments in research and development. This process is characterized by a shortening of the product cycle, time and high risk of reverse engineering by competitors.

The industry realized that trade secrets were not enough to protect a technology. It was difficult to reap the benefits of innovation if there were no uniform laws and rules for patents, trademarks, copyrights, etc. Thus, intellectual property has become an important element of the World Trade Organization (WTO). [11] Although the fundamental social objectives of intellectual property protection are those set out above, it should also be noted that the exclusive rights granted are generally subject to a number of limitations and exceptions aimed at refining the balance between the legitimate interests of rightholders and users.