How does a Patent work in the Chemical Industry?

  Patent   Jul 25, 2022   0  Add to Reading List
How does a Patent work in the Chemical Industry?

INTRODUCTION 


Patents, once considered as unethical in the US, have become one of the most important laws to protect intellectual property. Especially in chemistry, pharmaceuticals and inventions in the area need special consideration as many others try to copy the original creation for financial gain.

The Patent Act set in the course for protecting the process of invention. However it was not until 1995 that India signed off TRIPS (Trade Related aspects of Intellectual property rights). Then, the patent included both the process as well as the products. Let’s see at the types of the chemical patent, the application process and the validity of the chemical products.

Chemical Patent Types

Before filing for a chemical patent, you must know what the types of patents are and which one you need for your invention. It will help you to take the right step for your chemical invention.

   

Provisional Patent

The provisional patent is required when your invention is still in the development stage. It is quite simple to file, and it is specifically for the experimental stage. The procedure safeguards and secures the procedure while being comparatively hassle-free. Additionally, you must submit an ordinary patent application for the entire device by the end of the month.

Ordinary patent:

Ordinary patent applications were those that were submitted without specifying a priority date and without making mention of any other applications that were already in the works. The date of filing counts as both the invention date and the priority date because a regular patent application lacks a priority date. A complete specification and claims must be included in standard applications.

PCT National patent 

A PCT application enters the national phase 31 months after the priority date. A national filing in a particular country is comparable to the national phase of a PCT patent application. However, the international phase itself is when the majority of formal requirements are resolved. Since most requirements are taken care of during the international phase itself, PCT applications are easier to file than typical national applications

PCT International patent

The Patent Cooperation Treaty (PCT) makes it easier for innovators to seek patents across borders, helps patent offices make grant decisions, and promotes public access to technical data. An inventor can concurrently apply for protection in a large number of nations by submitting a single international application under the PCT.

 

The Application Process for Chemical Patent

When you are patenting your chemical compound, you need to submit a proper application for the Chemical Patent. There are two parts to getting a patent. First is the process of registration, and then it is filing the application.

 

Patent registration In India- entire process

  • Your idea, concept, or invention is the first thing that needs an introduction. Giving details and information in writing is the initial step.

  • According to the Patent Registration Requirements, you need to elaborate on every detail. This includes significance, description, working, pros and cons of your invention. 

  • Filing needs diagrams, drawings, blueprints, and sketches for support. 

  • The Patent in India has certain eligibility criteria for the patentability of your chemical compound. Make sure to meet all the requirements beforehand.

  • Always take a strong second opinion from the expert before filing the patent.

  • Your Patent Application needs either a provisional or ordinary patent. Thus, decide whether you want to patent your compound before you complete the invention or do you need the ordinary patent.

  • Next, it is time to understand the Chemical Patent Application in detail

 

Application for chemical patent:

  • You must submit the Patent Application (Form 1) to the local patent office in accordance with your choice of an ordinary or provisional patent.

  • It will be published 18 months from the date the patent application was filed after going through the Patent Office exams.

  • Within 48 months, a request for application examination must be submitted.

  • The patent examiner will provide a report with either clearance or objection after reviewing the application.

  • You have six months, which can be extended to three months, to modify, correct, or resolve the application in the event of an objection.

  • The opposition may raise certain objections, which the controller will present for discussion.

  • he controller will issue an order about the application once all difficulties have been resolved completely.

  • The controller issues the order of acceptance to grant the patent to your chemical compound if all matters are resolved without any grounds for opposition.

  • The several steps, techniques, and procedures involved in patenting a chemical compound are listed above. However, the majority of the aforementioned criteria are typically employed for most patents; it is crucial to remember that the fundamental concept of patents stays the same.

  • Validity of a Chemical Patent

  • After the process of application is complete and you are successful with getting a patent, you will find that the chemical patent is valid for 20 years from the date of filing the patent application. However, there is a difference between the ordinary patent and PCT international patent. The PCT International Patent is valid for 20 years from the date of the international filing.

  • Well, that indeed gives you a good amount of years before you can renew the patent. With patent renewal fees, the patent can be renewed further. But, it would be best if you remembered that the renewal must be done before the completion of the 20 years of pattern validity. If your patent expires, then you cannot renew it further.

 

Conclusion:

That brings us to the very end. The Chemical Compound Patent is indeed one of the most important parts of your invention in the pharma sector. But it is important to understand the ups and lows of the patenting process. With more information on the types of the chemical patent, the process of filing and the validity of the patent, you can be more careful with your product and process.


Written by:

priyanshu Jain.