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Pharmaceutical Patent

Patents grant exclusive property rights to an invention or a design for an invention. These rights are for a limited period. The global standard is 20 years after the patent has been granted and are a way of protecting inventions or designs for inventions. Two kinds of patents exist and they are design and utility. An example of a utility would be applying for a patent for Viagra. An example of a design would be applying for a patent for an improved or altered version of Viagra. Patents are treated differently in different industries. For example, in the electronics industry competitors sharing patents through pooling or cross licensing is a common practice. In the pharmaceutical industry, a pharmaceutical patent usually covers: the product, the extensive investment in research and the clinical testing required before it comes to the marketplace. Patent protection pharmaceutical industry products because it is easy to replicate and copy the manufacturing process.

Fast Facts

  • Replication of a pharmaceutical companies manufacturing of a drug is cheaper because research and clinical testing aren't necessary.
  • Many developing countries provided no patent protection for pharmaceutical products until the TRIPS Agreement was established in 1994.

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