Product Patent vs. Process Patent, Protection of right to Ipr and right to life in India (pharmaceutical industry)

Registration ID: IJNRD_201419

Published ID: IJNRD2307150

DOI: http://doi.one/10.1729/Journal.35189

Victoria Thakur

LEGAL, PHARMACEUTICAL, PATENT

Among all the assets found under intellectual property rights, patents tend to be extensively sought by inventors and industries. This is because it gives them the right to prevent others from using, manufacturing, or even making a product by a similar technique. The patent right has been given the first position in the most developed countries, benefiting the pharmaceutical industry. For instance, their patent regime in India has been significant for the generic drug industry's development, enhancing the availability and production of critical drugs at affordable prices. A product patent is intended to protect an investor’s product. This is facilitated by providing a safeguard to the original innovator to ease competition toward a similar product. Whereas, a process patent is primarily used to protect the procedures via which one produces the product and not the product itself. This kind of protection helps in reducing the monopoly element within the market. Therefore, as India practices intellectual property rights laws, all its members must change their patent to product from the patent process. The point remains to find out what is unique about a product patent that is not within a process patent. Under the product patent, exclusive rights are provided to the original innovator of the product. Its attributes include; the provision of monopoly rights to the product's creator. They are termed to be at a high level of protection compared to process patents, where its grant depicts that no person apart from the innovator has the mandate to manufacture a similar product by utilizing a similar process. Unlike in process patents, where the process regime is offered to only a specific process but not the final product. It differs from the product patent because another manufacturer can create a similar product using a different process, it provides a lower range of investor protection, and a single product can have multiple process patents. Therefore, the development of the pharmaceutical industry has emerged due to a regime connected to patents that have positively impacted India. The country acts as the leading medicine supplier to developing countries, making it known as a doctor with no borders. Earlier Indian pharmaceutical industries were using process patents where different industries would produce generic drugs on massive levels, facilitating access to developing and underdeveloped countries. Thus, introducing product patent laws meant that Indian pharmaceutical industries would not manufacture medicines through reverse engineering until the patent became in use. This study aims to add to the existing knowledge on the difference between product and process patents. And so,, to achieve the aim of the study, secondary research was carried out by reviewing existing literature from journals, articles, and even scholarly works to provide evidence. Inclusion and exclusion criteria were adopted to decide what articles to include in the study.

Published Paper   E-Certificate

Victoria Thakur (July-2023). Product Patent vs. Process Patent, Protection of right to Ipr and right to life in India (pharmaceutical industry) . INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT, 8(7), b440-b446. http://doi.one/10.1729/Journal.35189

Volume 8 Issue 7, July-2023

Pages : b440-b446

Paper Reg. ID: IJNRD_201419

Published Paper Id: IJNRD2307150

Downloads: 000121208

Research Area: Other

Country: Noida, Uttar Pradesh, India

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Published Paper URL: https://ijnrd.org/viewpaperforall?paper=IJNRD2307150

Crossref DOI: http://doi.one/10.1729/Journal.35189

Journal Name: INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT(IJNRD)

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