Why Patent Protection in the Drug Industry is Out Of Control?

Last Updated at: July 17, 2020
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Why Patent Protection in the Drug Industry is Out of Control

Around the world, the global pharma industry relies on the patent system to safeguard their best interests. Since the system allows for a commercial monopoly, in many instances, we witness its distortion. Patent Protection experiences intense lobbying from political parties and pharma companies. Moreover, the result of such politicisation is the profit maximisation of companies and drug prices skyrocketing. However, this makes medication less affordable and accessible to the people, contrary to the greater good. Therefore, here’s an in-depth look at why the pharmaceutical industry requires patent protection and aspects associated with it.

  1. Why Patent Protection in The Drug Industry is Out Of Control

  2. What are the different patent protection qualifications?

  3. How do I protect my idea without a patent?

  4. Why does the pharmaceutical industry require patent protection?

Why Patent Protection In The Drug Industry Is Out Of Control

One of the biggest reasons for such problems is that drug companies rarely engage in R&D investment that is proportional to their profits. Moreover, most companies deem it safer to buy the rights to a drug, and then systematically raise their price over the years. Additionally, as a result, the patent protection process helps drug companies at the expense of ordinary people. Moreover, this leads to the pharmaceutical industry running a monopoly, which allows for the exorbitant pricing of medication. Moreover, countries must, therefore, learn to achieve a balance between encouraging research and making treatment affordable.

Patent your idea now

Examples of Patents

Sl No Inventor Year of Filing Patent Invention
1 King C. Gillette 1904 Safety Razor
2 Philo Taylor Farnsworth 1930 Television System
3 Nils Alwall 1946 Dialysis machine
4 Steve Jobs for Apple Inc 1980 Personal Computer
5 Qualcomm. Inc 2015 Wireless Charging

 

What are the different types of patents?

  1. Utility patents: Patent protection covers useful processes, manufacturable articles, machines, and new compositions.
  2. Design patent: Patent protection extends to an original design for a product.
  3. Plant patents: These patents are suitable for an invention or discovery of a new type of complex plant capable of reproduction.

What are the different patent protection qualifications and eligibility criteria?

Here is a look at the patent protection qualifications required to file for a patent in India.

Any invention, whether a product or process that does not fall into the category of non-patentable items, enjoys patent protection in India. The eligibility criteria for applying for patent protection is as follows;

  • The invention or design is novel.
  • Moreover, the device contains an inventive step or process that is non-obvious.
  • Similarly, the invention is capable of Industrial manufacture and application.
  • Additionally, the invention does not fall into Section 3 or 4 of the Patents Act.

How do I protect my idea without a patent?

Securing patent protection is expensive, and sometimes your ideas might not meet the patent protection qualifications. Therefore, in such cases, you need to come up with other ways to protect your idea. While these might not be very legally valid or fool-proof, here are some affordable strategies to protect your business idea.

  1. Make sure you do your research before associating with anyone outside your business. Run background checks to ensure they have a good track record. 
  2. Additionally, draft a Non-disclosure agreement to commit your associates to confidentiality.
  3. Incorporate a Non-compete agreement or clause while hiring employees to prevent the stealing of ideas.
  4. Further, try to file for a provisional patent to get some protection for your invention, product, or design. 
  5. Therefore, apply for a trademark if the concept you are trying to protect is creative or related to branding.

Why does the pharmaceutical industry require patent protection?

The pharmaceutical industry depends on patent protection to safeguard its investments. Large pharma companies spend billions to research, develop, analyse, and test drugs. Further, once the expensive process leads to the discovery of a useful drug, they patent their product. Moreover, while filing for a patent requires them to publish details regarding the new drug, it allows them to sell their drug exclusively. Additionally, most patents last for 20 years, wherein they recoup the money they spent on R&D. Moreover, the patent protection system gives researchers and pharma companies a commercial incentive to conduct R&D. However, the system has lost balance due to certain agencies and organisations, creating problems for the public. 

 

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Why Patent Protection in the Drug Industry is Out Of Control?

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Around the world, the global pharma industry relies on the patent system to safeguard their best interests. Since the system allows for a commercial monopoly, in many instances, we witness its distortion. Patent Protection experiences intense lobbying from political parties and pharma companies. Moreover, the result of such politicisation is the profit maximisation of companies and drug prices skyrocketing. However, this makes medication less affordable and accessible to the people, contrary to the greater good. Therefore, here’s an in-depth look at why the pharmaceutical industry requires patent protection and aspects associated with it.

  1. Why Patent Protection in The Drug Industry is Out Of Control

  2. What are the different patent protection qualifications?

  3. How do I protect my idea without a patent?

  4. Why does the pharmaceutical industry require patent protection?

Why Patent Protection In The Drug Industry Is Out Of Control

One of the biggest reasons for such problems is that drug companies rarely engage in R&D investment that is proportional to their profits. Moreover, most companies deem it safer to buy the rights to a drug, and then systematically raise their price over the years. Additionally, as a result, the patent protection process helps drug companies at the expense of ordinary people. Moreover, this leads to the pharmaceutical industry running a monopoly, which allows for the exorbitant pricing of medication. Moreover, countries must, therefore, learn to achieve a balance between encouraging research and making treatment affordable.

Patent your idea now

Examples of Patents

Sl No Inventor Year of Filing Patent Invention
1 King C. Gillette 1904 Safety Razor
2 Philo Taylor Farnsworth 1930 Television System
3 Nils Alwall 1946 Dialysis machine
4 Steve Jobs for Apple Inc 1980 Personal Computer
5 Qualcomm. Inc 2015 Wireless Charging

 

What are the different types of patents?

  1. Utility patents: Patent protection covers useful processes, manufacturable articles, machines, and new compositions.
  2. Design patent: Patent protection extends to an original design for a product.
  3. Plant patents: These patents are suitable for an invention or discovery of a new type of complex plant capable of reproduction.

What are the different patent protection qualifications and eligibility criteria?

Here is a look at the patent protection qualifications required to file for a patent in India.

Any invention, whether a product or process that does not fall into the category of non-patentable items, enjoys patent protection in India. The eligibility criteria for applying for patent protection is as follows;

  • The invention or design is novel.
  • Moreover, the device contains an inventive step or process that is non-obvious.
  • Similarly, the invention is capable of Industrial manufacture and application.
  • Additionally, the invention does not fall into Section 3 or 4 of the Patents Act.

How do I protect my idea without a patent?

Securing patent protection is expensive, and sometimes your ideas might not meet the patent protection qualifications. Therefore, in such cases, you need to come up with other ways to protect your idea. While these might not be very legally valid or fool-proof, here are some affordable strategies to protect your business idea.

  1. Make sure you do your research before associating with anyone outside your business. Run background checks to ensure they have a good track record. 
  2. Additionally, draft a Non-disclosure agreement to commit your associates to confidentiality.
  3. Incorporate a Non-compete agreement or clause while hiring employees to prevent the stealing of ideas.
  4. Further, try to file for a provisional patent to get some protection for your invention, product, or design. 
  5. Therefore, apply for a trademark if the concept you are trying to protect is creative or related to branding.

Why does the pharmaceutical industry require patent protection?

The pharmaceutical industry depends on patent protection to safeguard its investments. Large pharma companies spend billions to research, develop, analyse, and test drugs. Further, once the expensive process leads to the discovery of a useful drug, they patent their product. Moreover, while filing for a patent requires them to publish details regarding the new drug, it allows them to sell their drug exclusively. Additionally, most patents last for 20 years, wherein they recoup the money they spent on R&D. Moreover, the patent protection system gives researchers and pharma companies a commercial incentive to conduct R&D. However, the system has lost balance due to certain agencies and organisations, creating problems for the public. 

 

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