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It is essential to consider the access and affordability needs of patients before deciding to seek a medical patent: Expert

Shardul Nautiyal, Mumbai
Thursday, November 23, 2023, 08:00 Hrs  [IST]

It is essential to consider the access and affordability needs of patients before deciding to seek a medical patent, according to medical experts.

Patents are typically sought for inventions such as new drugs, medical devices, and other technologies. They can also be filed for new plant varieties, method of treatment, software etc. The process of obtaining a patent involves several steps including conducting a prior art search, preparing a patent application, filing the application with the patent office, and going through the examination and grant process.

There are different types of patents based on the type of invention and geography. For example, utility patents, design patents, plant patents, provisional patents, PCT patents etc.
“While patenting a medical invention in India can provide the inventor with exclusivity and a means to monetize the invention, it can also limit access to the invention for patients and healthcare providers,” explains Abhijeet Satani, Neuroscientist.

Satani further adds that it is also a good idea to consult with a patent attorney or agent who specializes in medical patents to guide you through the process, help you determine the best strategy for your invention, and provide you with necessary support. They will be able to advise you on the best course of action, and can help you navigate the complexities of the Indian patent system.

Patents are a form of intellectual property protection that gives the holder exclusive rights to manufacture, use, and sell an invention for a certain period of time, typically 20 years from the date of filing. Patents are granted by the government to inventors and creators as an incentive for them to invest in research and development. This exclusive rights period creates a window of opportunity for the patent holder to market their product and generate revenue before generic versions become available.

“Patents can be a powerful tool for protecting and commercializing inventions, but they are not without controversy. Some argue that patents can lead to higher prices for drugs and medical devices, making them less accessible to patients. Additionally, some argue that patents stifle competition, preventing generic companies from entering the market and driving down prices. However, patents also have limitations and constraints in terms of pricing, as governments and healthcare providers have the ability to negotiate prices or use compulsory licenses to ensure affordable access to essential drugs and medical devices,” Satani further explains.

“The process of obtaining a medical patent in India involves several steps, including conducting a prior art search, preparing a patent application, filing the application with the Indian Patent Office (IPO), and going through the examination and grant process. This process can take several years and might be costly, so it's essential to consider the costs and potential benefits of patenting an invention before starting the process. Once a patent is granted, it must be maintained and renewed periodically to keep it in force. The fees for maintenance and renewal are to be paid to the IPO,” Satani concludes.

 

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