Patenting: patent novelty of substance and patent technologies
Patenting is necessary procedure to ensure the protection of medical devices with innovative elements, which allows you to get a monopoly on the use of developed technology, however, for a limited period. The monopoly of a patentee, which is provided by the state, is the result of compromise between the interests of society concerned about the outcome protected by patents and inventors, who receive with the help of the patent an additional financial and prestige motivation for their activity.
Obtaining a patent is especially relevant issue for medicinal products and medical devices, because this sector is connected with continuous investments in research in order to improve the products and discover new solutions. The biggest number of patents for invention falls into the particular branch.
Patent is a protective document that certifies priority, authorship and ownership of the invention, utility model or industrial design.
The Invention, as the object of patenting, is the result of human intellectual activity in the field of technology. Only those objects can be protected as inventions which possess exceptional novelty and constitute non-complementary part of the existing object in the modern development level of technics.
In order to obtain a patent for an invention, an object must go through the formal and substantive examination for compliance with the terms of legal protection.
In accordance to the laws of Ukraine, the utility model differs from the invention by the fact that the invention has much lower compliance requirements. For the purpose to obtain such a patent, you have to pass only formal examination. The objects of the invention and utility model are the following:
- product: substance, device, strain of microorganism;
- process: method, methodology, as well as completely new use of a known product or process.
Ukrainian patents database contains many objects registered in the medical field. For example, issued patents on inventions: a patent on compositions for the treatment of cancer, a patent for a method of treating epileptic disease, a patent for azaspiro compounds for the treatment of pain and so on. Patent for utility model: a patent for a device treating skin, paradontitis treatment method, a method of treating chronic pancreatitis, etc.
An important role in the preparation of the object for patenting is to ensure confidentiality of information, whereas a patent shall be received by person who first filed with the patent office an application for protection.
The patent procedure for invention and utility model includes:
1) Formation and filing application, which consists of the application, description, formulas, drawings and review of intellectual property object; submission of payment document on payment of state fees and taxes.
2) Passing the formal examination upon which the information on application is published in the State Gazette.
3) Passing the qualifying examination for patentability of an object.
4) Obtaining patent and publishing information on receipt of a patent in the State Gazette.
Passage of the third stage is required only to obtain a patent for an invention. Patent for utility model involves the passage of the first, second and fourth stages. The period of time for receipt of patent for invention in Ukraine is about 18 months and for utility model - 7-9 months.
The validity term of the patent for invention is 20 years from the date of filing the patent application and utility model - 10 years. As for drugs, the use of which requires authorization from the competent authority, the validity term of the patent may be extended for another 5 years.
Upon expiration of the validity term, a patent becomes available for the production by other companies. Thus, upon expiration of a patent for drugs, so-called generics appear on the market.
Generic is a drug that is a reproduction of the original drug for which patent protection has expired. Typically, such products contain the same active substance and differ only by additive agent. In addition to the above the original and generic drug should be equivalent for therapeutic and metabolic effects.
An industrial design is defined as the external view, form of an object. Medicinal products and medical devices are often used as patent objects for industrial designs. Thus, patent base of Ukraine for industrial designs contains such patents as: a patent for a protective medical mask, a patent for the plunger for medical bottle etc. Labels and packaging are the subject of patents for a big number of medical products. The validity term of patent for industrial design is 15 years. In order to receive patent it is enough to pass formal examination and the whole procedure takes about 7-9 months (2 - 2.5 months in the case of acceleration).
Why is it necessary to conduct a patent research?
Patent research - a research that provides information that is contained in the records of a state and international organizations, which carry out registration of intellectual property, in order to determine the patentability of an object, as well as to determine the probability of infringement of rights for other people's patents and patent novelty of IP right object.
Novelty is the legal property of the object which gives a possibility to be used freely in a particular country without a risk of infringement of existing patents on its territory belonging to third parties.
The goal of a research for novelty is to identify the use in patenting object of features, which are used in already patented invention despite the existing differences in other features. As a result of the patent research it is possible to determine whether there is a possibility to obtain a patent for the development, and whether innovation infringes the rights of other persons.
This research is essential, because it allows avoiding unnecessary conflict and unnecessary expenses for filing an application if the object is not patentable. Cratia provides services of preliminary research and support along with the registration process of patents for invention, utility model or industrial design. We will help you in choosing the most suitable and better-ways to protect innovation given the identity of each individual case. For this purpose we have the necessary experience and own proven practices.