Elements of Strategic Planning of Patent Protection for Pharmaceutical Inventions

Abstract

INTRODUCTION. The commercial success of innovations in medicine and pharmaceutics depends on the strategic planning of patent protection, with the main elements for consideration being the type of patent protection, the scope of the invention, and the order of obtaining protection documents.AIM. This study aimed to analyse specific aspects of the strategic planning of patent protection for pharmaceutical inventions.MATERIALS AND METHODS. The study applied analysis and comparison methods to patent information. Statistical data were prepared using patent databases, including the Rospatent search platform and Questel.RESULTS. In the Russian Federation, invention patents for methods of treatment and diagnosis are more abundant than pharmaceutical product patents. The most reasonable method for protecting intellectual property rights in the pharmaceutical industry is the stepwise obtaining of different types of protection documents for different objects of patent protection, including inventions, utility models, and industrial designs, as part of one project. The strategy of patent protection for a pharmaceutical invention should consider the type of patent (protection combining the use of patents for inventions, utility models, and industrial designs), the correct determination of the object of patent protection (obtaining a product (substance) patent), and stepwise obtaining and strategic accumulation of different protection documents.CONCLUSION. The described strategy helps to cover the fullest possible range of rights protection options, prevent patent infringement, and extend the patent protection period for an invention.

Keywords

• intellectual property
• invention patent
• pharmaceutical development
• patent protection
• medicines
• commercialisation
• strategic planning
• markush structure