It's been a long time i posted blogs and finally i m with my new blog regarding "PHARMACOKINETIC PATENTS".
A patent is nothing but a right to own a property,discovery or an invention.If it is a dicovery of a pharmaceutical product it is a pharmaceutical patent.
A pharmacokinetic patent is a patent in pharmaceutical field combined with the pharmacokinetic parameters mainly AUC and Plasma Concentration,like suppose that a product is discovered by a company A and this company A has finished all requires tests like PK -PD parameters and finally earned a patent on the product with X and Y PK properties.
(Now note that the patent earned by this company A doesn't specifically mention the numerical range of the PK parameters )
Now there is a company B that manufactured another product and got some PK parameters with different values and now company A claims that the PK values obtained for company B already in patent earned by A.If company B claims that the values got by them are not mentioned clearly in the patent,company A mentions the range of the PK parameters.
there is an example of this PK parameters incase of MUCINEX and GUAFENESIN(Adams Respiratory Therapeutics, Inc. v. Perrigo Co.)
CONTINUED IN NEXT BLOG......
MASTERS IN INDUSTRIAL PHARMACY
LONG ISLAND UNIVERSITY
Intelectual Property Rights : Product patents vs process patents
Patent is an exclusive right granted to inventor or discoverer to make, sell or use his invention or discovery for a specified period of time. It is also available for significant improvements on previously invented articles. Its characteristic lies in the power of excluding others even if the patentee does not desire to use the patent himself. The owner of a patent has the right to exclude others from making, using, offering for sale or selling his or her invention for a period of 20 years from the filing of the patent application.
The Indian Patent Act 1970 resembles British Patents Act 1949. The patent act of 1970 in its original form have distinction between product patents and process patents, the exception given in section 5 of the act of 1970 offered only a process patent for food, medicine or drug substances and specifically excluded product patents for the same.
Signing of Trade Related Intellectual Property Subjects (TRIPS) is considered to be a milestone towards development of intellectual property rights.
Patent applications are NOT the same as granted patents.
Its time for learning some basic related to patent. Here i have explained type of claims available in patent. 1) Principal and subordinate
Patent Search Patent searches is carried out for any of the below reasons.... -Patentability analysis -State of the art (Prior art) for invalidation