Monday, October 1, 2018

Types Of Pharmaceutical Patents In India

If someone asks you, which is the most knowledge driven industry in India? The obvious answer would come is the Pharma. It is because the researchers have to toil hard for 10 - 15 years to bring a new drug to the market. Moreover, the cost of research is too high and most of the times, it is unpredictable in nature. Hence, it is important that the companies protect and safeguard their innovative medicines and drugs by way of obtaining pharma patent. By getting the pharma patent registered under the patent laws, the companies can stay at peace and enjoy the benefits of their hard work for a period of 20 years.

In India, the pharmaceutical patents are divided into following categories:

1. Drug compound Patents

The drug compound patent claims are referred to as Markush Claims. It is a claim with multiple “functionally equivalent” chemical entities permitted in one or more of the drug compound. This type of patent provides the highest security to the patents as no other companies are allowed to make use of this compound in any form to create a drug until the patent expires.

2. Formulation/ composition Patents

Under this patent, a specific technology to create a quantity/formulation of its key ingredients. For instance, X, Y, Z ingredients and their compositions of the drug ABC is claimed so that no one can use the same ingredients in the same composition to create a new drug.

3. Synergistic combination Patents

A Synergy of drugs occurs when two or more medicines are combined to enhance the effect of the drug. Patents can be obtained on the synergy of drugs as well. For Instance, a drug X is combined with Y to create a new highly effective drug XY and it is patented.

4. Technology Patents

These patents are basically, related to the technology through which the drug has been manufactured. These innovative techniques are used to solve technological problems such as taste masking, stabilization, increase in the solubility and so on.

5. Polymorph Patents

Polymorphs are various physical forms or unique crystal structures of an already known compound. These polymorphs are prepared to increase the stability and reduce the impurities of the compounds. We can see a number of polymorph patents such as the Indian patent no. 237261, which claims the crystalline form of B4 of atorvastatin magnesium that is characterized by an X-ray powder distraction system.

6. Biotechnology Patents

Biotechnology deals with the use of biological materials or living organisms in the formulation of pharmaceutical drugs. The biotechnology patents can cover a wide range of therapeutic, immunological and diagnostic products.

7. Process Patents

As the name itself suggest, the process patents claim the innovative and inventive process to create a drug. For instance, synthesizing a chemical to formulate a drug can be claimed under the process patents.

There is an extensive pool of knowledge about the variety of pharma patents. The pharma industry is safeguarded to indulge in more and more developments as they have all the methods to patent their ingredients, process, synergies, and products and keep it unique in the market.

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