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Drug Patent Search – Chemical Patent Attorney

IP Strategy for Drug Patent Search

What should be the strategy for drug patent search?

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As reported by WSJ, facing mounting criticism by President Trump about prices, drug companies have put some limits on their increases this year. As it is well known, prescription-drug makers traditionally raise list prices in January. This year, they didn’t raise prices for as many drugs as last year and imposed fewer boosts of 10% or greater, according to an analysis by the investment firm Raymond James & Associates.

New Drug Development – Patent Protection

As drugmakers pushed back against rising criticism over sky-high U.S. prescription drug prices, one pharmaceutical company went public with a pledge. Brent Saunders, CEO of Botox maker Allergan PLC, last September announced a new “social contract” under which the company would limit annual list price increases for its drugs to below 10 percent. Mr. Saunders stated that limiting price hikes forces companies to stay sharp and competitive in innovation and operational excellence. Specifically, pharmaceutical companies stay focused on their pipeline with (patent expirations) in mind, so if their big drug’s patent is ending, they need to formulate three to four R&D programs that, if successful, can cover such patent expiration and provide growth.

Strategy for Drug Patent Search

Traditionally, product and process patents in pharmaceutical sector are obtained with special emphasis on chemical structure patent search technique to determine the patentability of the pharmaceutical drug. Performing a structure based chemical search ensures broadest list of patent results. For example, review the patent search string below. The second drug patent search string provides more than sixteen thousand results for a drug molecule say “X”. Combining the CHEM (chemical structure based search) with other key string parameters can be helpful to perform the drug patent search.

Following example illustrates different parameters to consider while performing drug patent search (Molecule “Y”) for pharmaceutical medicine:

Pharmaceutical Patent Process

Once the patent search is conducted to determine the novelty of the drug process and product (medicine) before filing for patent, laboratory tests are performed to determine synergistic properties of the medical composition and collect scientific data for the same. This process is highly regulated and different countries follow distinctively comprehensive procedure for the same.

Thereafter, patent claims are written to cover both the process of manufacturing the drug and associated medicine products are claimed in separate patent applications. Subsequently, the scientific data description illustrating the synergistic properties of the medical composition in the patent application is provided to regulatory authorities and corresponding patent applications are filed along with request of examination, in accordance with the local patent laws.

Pharmaceutical Products’ Manufacturing – Indian Perspective

The end goal of research and patent grant is to provide affordable medicines to everyone in India. There is a compulsory licensing clause that has been used to allow manufacturing of patented products at affordable prices in public interest in India. Section 84 is applicable and an application for compulsory license on a patent can be made if reasonable requirements for the public with respect to the patented invention have not been satisfied, or if the patented invention is not available to the public at a reasonably affordable price.

Over the years, the Indian legal system has strictly followed the patent law and working requirements of patents in India. The approval of compulsory licensing for a drug is an exception rather than a rule. If a compulsory license of manufacturing a drug is granted by the Indian patent office, a royalty is paid to the patent holder (on agreeable terms between two parties). In recent years, the drug approval process in India has been expedited to keep up with the public demand and provide affordable healthcare to individuals. The Indian pharmaceutical law is now more clear and defined. To know more about drug patent expirations in 2017: click here.

About the Author

Prity Khastgir manages the Pharmaceutical and Biotechnology Patent Practice at Tech Corp Legal. Ms. Khastgir is a Patent attorney and intellectual property lawyer with 11+ years of experience in Biotechnology, Pharmaceuticals, Healthcare, Medical Devices, Drug Patent Search and Chemicals in international markets (US, Europe, Asia Pacific and MENA region).

Ms. Khastgir manages, Direct representation of parties before WIPO and IPO, Coordination and management of Global IP Prosecution and Litigation matters with patent lawyers worldwide, Global IP Strategy and development of Intellectual Assets, Drafting, reviewing and negotiating IP and Technology Agreements (Licensing, Technology Transfer and Collaboration Agreements), Strong patent claim drafting, preparation and prosecution skills for international applications filed before USPTO, EPO, WIPO, UKIPO, MyIPO, IP Australia, IPOS etc.

She has extensive experience in Pharmaceutical Patent Practice for patent searches, invalidation analysis, Freedom-to-Operate (FTO) and product clearance studies, patent infringement reports, claim charts, formulation development, analytical methodologies, regulations and new product development.

Top Healthcare Innovations in 2017, Drug Patent Search: Article Source

How to get medicine drug patent in India?

Step by step procedure to get medicine drug patent in India

  1. Step 1: Conduct Patent search to determine novelty of the drug process and product (medicine)
  2. Step 2: Perform lab test to determine synergistic properties of the medical composition.
  3. Step 3: Write patent claims to cover both the process of manufacturing the drug and claim the medicine product.
  4. Step 4: Provide the scientific data description the synergistic properties of the medical composition in the patent application.

How to get medicine drug patent in India, get medicine drug patent in India

Patent Objection for Pharma & Drug Products Indian Patent Law Explanation
Indian patent law section 3e explained The mixture of drugs should exhibit some unexpected results or synergistic properties in their action. Once proved with scientific data in the patent description such composition can be considered as patentable subject matter and can overcome indian patent law section 3e.

To read more click here

Your Patent Strategic Partner in India

Prity Khastgir is a Biotech and Pharmaceutical Indian Patent Attorney at Tech Corp Legal LLP, an Indian Intellectual Property law firm based in New Delhi. She advises clients regarding freedom to operate (FTO) studies for their new product or service and search for possible foreign IP rights that could be infringed. Patent clearance searches are rapidly becoming a necessity for any technology company to enter in India and in any other foreign country. Having multi-jurisdictional experience gives her clients insights in protecting and enforcing their intellectual property rights in several countries.

Trademark objection reply in India

What data to include in trademark objection reply in India?

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Attention All Trademark Owners who filed Trademark applications in India

According to trademark notice issued by Trade Marks Registry in India, it has identified many trademark applications filed before December 2016 failed at 1st stage of formality check pass. Therefore, those trademark applications have not been examined in India due to compliance issues ( For example, not filing Stamped Power of Attorney (POA)  while filing the trademarks in India). To view the trademark notice click here

The list of filed Trademark applications has been published as follows:

  • Annexure I: Incomplete digitization of the filed Trademark
  • Annexure II: Trademark applications failed in formality check during examination and have been pending for compliance with the office direction.

The Trade Marks Registry in India has directed the trademark attorneys and brand agents to comply with the pending issues for the trademark applications that have failed in Formality check. As a trademark owner you should check if your brand is in this list click here.  Refer the details of trademark filing deficiency and requirement raised by the trademark office.  The trademark applicants should email at pendingexam.tmr@nic.in, with brief details of such brand applications to remove existing objection and comply with the same.

Example of Trademark compliance issue in India

While taking up the above application for examination under the provisions of Trade Mark Act, 1999 and Trade Marks Rules 2002, it is observed that trademark application could not proceed to examination because of the following reason/s:
* Power of Attorney (TM-48) is not found enclosed along with the trademark application.
* You are required to provide TM-48 with necessary stamp duty..

Therefore, trademark applicants and their trademark agents should include the following details while mailing at pendingexam.tmr@nic.in and and send the hard copy to the concerned office of Trade Marks Registry

  •  Full and complete Reference Letter No. and date,
  • Trademark application number and the class to which it relates.

To read more: click here

Any questions? Get Trademark Registered in India

Steps in process of pursuing patent in marketing management

Why to file patent to protect new marketing management tool?

Patent in marketing management can be filed for the system embodying the new features.

can you patent an app idea patent india computer related invention.png

Get Patent for New Products in 5 steps: http://www.techcorplegal.com

What steps to apply to get a patent for innovative idea in marketing management domain?

The five step process can simplify the procedure to apply patent and protecting your invention from being copied

  1. Understand your Idea. Ask yourself WHAT problem your invention is solving. The first step in how to get a patent is to pen down your thoughts and features / elements of your INVENTION to work.

  2. The second step in how to get a patent is to research your invention. Conduct your own personal market research. Google your idea online :)

  3. The third step in how to get a patent is to select the type of  patent protection (design patent, utility, non-provisional, provisional patent).

  4. The most important step is to write the patent claims. The scope of the INVENTION is defined by the patent claims.

  5. Wait for patent examiner response who will question the patentability of  INVENTION in terms novelty, non-obviousness and industrial applicability.

To learn more: Why to file a patent for Idea click here

Frequently Asked Questions in Patents

Patent Question of the day

Can I file otp verification patent in marketing management sector?

Well, it depends on many factors. OTP FEATURE is just one element of the whole system. You should write down the other features of the idea.  Draw a flow diagram of the process to understand the CRUX of the invention. Do a patentability search online. Talk to patent lawyer to have in-depth analysis.

If you have any patent related questions fill in the contact form below for more clarity. Happy patenting :)

Intellectual Property Creation – Patents for Tech Startups

Intellectual Capital

Investing in creation of intellectual capital during initial stages results in valuable intellectual property (IP). Such IP can be monetised by way of B2B licensing and technology transfer, thereby creating additional revenue streams. IP portfolio usually comprises patents, trademarks, copyrights, designs and trade secrets, collectively contributing towards intellectual capital of the business.

Read more here.

Oracle's $1.3 billion infringement bid rejected #copyright #sap #oracle

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