How to Patent in India | Patentability Research Services for Inventions | Idea Protection Services to Foreign Inventors
Call Us: +91 - 9650247494

Product and Process patent in India * Drug Patent Search

How to get product and process patent in India?

Guide to product and process patent in India with special emphasis on chemical structure patent search technique to determine the patentability of the pharmaceutical drug.

product and process patent in India,drug patent expiration 2017, 2017 drug patent expirations, list of patented drugs in india, drug patent expiration list 2017, drug patent search, drug manufacturing license in india, drug patent database, drug patent attorney, biotech drug, indian drug companies, drug patent expirations 2017, drug patents expiring in 2017, novartis diabetes drug, drug patent expiry, drug patent watch, drug companies in india, foreign drug companies, pfizer arthritis drug, drug license in india, drug patent expiration, drug registration in india, nature reviews drug discovery, patent expiration drugs

India signed World Trade Organisation (WTO) agreement in the year 2005 to follow international patent practice. The patent law in India was changed in accordance to the WTO agreement terms and conditions. In compliance to the WTO agreement terms, India introduced product patent in India and before 2005 there were only process patents available for patent registration in India. Strategically two patent applications should be filed for protecting product and process patent in India. The following steps should be followed for getting product and process patent in India.

Steps for product and process patent in India

  1. Step 1: Conduct Patent search to determine novelty of the drug process and product (medicine) before filing for patent in India

  2. Step 2: Perform laboratory tests to determine synergistic properties of the medical composition and collect scientific data for the same.

  3. Step 3: Write patent claims to cover both the process of manufacturing the drug and claim the medicine product in separate patent applications.

  4. Step 4: Provide the scientific data description illustrating the synergistic properties of the medical composition in the patent application.

  5. Step 5: File patent in India and file request of examination form 18.

Drug Patent Search Tips for product and process patent

Drug Patent Search Tips , product and process patent, drug patents expiring, approved drug products with therapeutic, india drug companies, patented drugs in india, india drug patent, approved drug products with therapeutic equivalence evaluations, drug export license india, recent pat anticancer drug , discovery pfizer ra drug, drug patent expirations by year

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.

Patent Search Keystring Results International Patent Database
CHEM:(UVIQSJCZCSLXRZ-UHFFFAOYSA-N) 10 WIPO
CHEM:(HPJKCIUCZWXJDR) 16506 WIPO

Example of different parameters to consider while performing drug patent search ( Molecule “Y”) for pharmaceutical medicine

Drug Patent Search         Keywords / Keystrings for Drug patent search performed by drug patent attorney
IUPAC Name [(3S,8R,9S,10R,13S,14S)-10,13-dimethyl-17-pyridin-3-yl-2,3,4,7,8,9,11,12,14,15-decahydro-1H-cyclopenta[a]phenanthren-3-yl] acetate
InChI 1S/C26H33NO2/c1-17(28)29-20-10-12-25(2)19(15-20)6-7-21-23-9-8-22(18-5-4-14-27-16-18)26(23,3)13-11-24(21)25/h4-6,8,14,16,20-21,23-24H,7,9-13,15H2,1-3H3/t20-,21-,23-,24-,25-,26+/m0/s1
InChI Key UVIQSJCZCSLXRZ-UBUQANBQSA-N
Canonical SMILES CC(=O)OC1CCC2(C3CCC4(C(C3CC=C2C1)CC=C4C5=CN=CC=C5)C)C

Perspective on Indian Patent Law from manufacturing of pharmaceutical drug related patented products

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 strictly follows 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.

To ensure that the process of launching medicine is safe from legal standpoint, it is better to get clearance patent search opinion by a biotech pharma drug attorney before launching a product in market. 

Rahul Dev, Patent Attorney and International Technology Business Lawyer

Member – Delhi High Court Bar Association

Law Office of Rahul Dev – Tech Corp Law Group

Global network of patent attorneys and corporate lawyers helping clients convert Ideas to Patents and Strategy by creating valuable patents and adding value to a company’s intangible assets across multiple jurisdictions (US, Europe, Asia Pacific).

Our Pharmaceutical and Biotechnology Patent Practice is managed by Patent attorneys and intellectual property lawyers 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).

We manage, 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.

We have 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.

Patent Advocates & Indian IPR Attorneys

Leading IP firm in India with a team of experienced patent strategy consultants who assist startup businesses with patent filing, patent drafting, & protection of trademarks internationally under madrid protocol. Most recommended full service Intellectual Property & Commercial Patent Law firm in India. 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.