The document discusses the factors that determine the length of a patent. The base term for a patent is 20 years from the date of filing. However, this can be adjusted based on several factors. For pharmaceutical patents, the length may be extended to account for time spent in clinical trials and FDA review. Patent term extensions allow for half the clinical trial time and all FDA review time to be added, up to a maximum of 5 years. Additionally, 6 months can be added for pediatric drug testing. These extensions aim to provide an effective patent term of around 14 years after FDA approval. Understanding these various factors is important for pharmaceutical executives to assess patent value and protection timelines.
. It’s purely about a new technical solution that you find fit and one that will yield you better results. And obviously, when it’s getting you better results why wouldn’t you safeguard it.
The document discusses three patent term extension cases in Japan regarding later drug approvals. The Intellectual Property High Court ruled that the Japan Patent Office (JPO) could not refuse extension applications without proving the patented invention's prohibition of use was not dissolved by marketing approval or that approved acts did not constitute working the invention. The court also redefined key terms, allowing later dosage form approvals to extend patent terms. This impacts pharmaceutical profitability but could delay patent law reforms until the Supreme Court rules on JPO's appeal.
This is really a dry topic so I think these slide are helpful to you to learn well, this is generally covered in III year of Pharm.D under Pharmaceutical Jurisprudence.
So make use of this notes and prepare well.
Intellectual Property Considerations During Nonclinical Drug DevelopmentMaryBreenSmith
Presentation provides a brief overview of regulatory and patent market exclusivities for new drugs. Presentation also covers the types of intellectual property typically arising out of preclinical studies.
This document provides an overview of the Hatch-Waxman Act and its amendments, which established an abbreviated approval pathway for generic drugs (ANDA) and encourages generic drug competition. It discusses key aspects like patent term extensions, exclusivity periods for innovator drugs, the process for generic drug companies to file an ANDA including certifying patent status, triggering potential patent litigation, and the first-filer 180 day marketing exclusivity period. The Act aims to balance incentives for innovation with accelerating access to affordable generic drugs.
This memorandum from Morris, Manning & Martin addresses common questions about patents from technology and business clients. It discusses why companies should consider filing patent applications, including to protect against competitors and add value. It also covers when to begin the patent process, the differences between provisional and non-provisional applications, typical timelines and costs for patent applications, and other issues like international protection and determining patentability.
Patents provide exclusive rights to inventors for 20 years. For pharmaceuticals, patent protection is important due to high research and development costs and lengthy FDA approval process. Various tactics are used by pharmaceutical companies to extend patents, such as legislative lobbying. The Hatch-Waxman Act aims to balance brand and generic interests but is sometimes manipulated by brands. India's patent law changed in 2005 to allow pharmaceutical product patents to comply with TRIPS, which may impact the large generic industry.
. It’s purely about a new technical solution that you find fit and one that will yield you better results. And obviously, when it’s getting you better results why wouldn’t you safeguard it.
The document discusses three patent term extension cases in Japan regarding later drug approvals. The Intellectual Property High Court ruled that the Japan Patent Office (JPO) could not refuse extension applications without proving the patented invention's prohibition of use was not dissolved by marketing approval or that approved acts did not constitute working the invention. The court also redefined key terms, allowing later dosage form approvals to extend patent terms. This impacts pharmaceutical profitability but could delay patent law reforms until the Supreme Court rules on JPO's appeal.
This is really a dry topic so I think these slide are helpful to you to learn well, this is generally covered in III year of Pharm.D under Pharmaceutical Jurisprudence.
So make use of this notes and prepare well.
Intellectual Property Considerations During Nonclinical Drug DevelopmentMaryBreenSmith
Presentation provides a brief overview of regulatory and patent market exclusivities for new drugs. Presentation also covers the types of intellectual property typically arising out of preclinical studies.
This document provides an overview of the Hatch-Waxman Act and its amendments, which established an abbreviated approval pathway for generic drugs (ANDA) and encourages generic drug competition. It discusses key aspects like patent term extensions, exclusivity periods for innovator drugs, the process for generic drug companies to file an ANDA including certifying patent status, triggering potential patent litigation, and the first-filer 180 day marketing exclusivity period. The Act aims to balance incentives for innovation with accelerating access to affordable generic drugs.
This memorandum from Morris, Manning & Martin addresses common questions about patents from technology and business clients. It discusses why companies should consider filing patent applications, including to protect against competitors and add value. It also covers when to begin the patent process, the differences between provisional and non-provisional applications, typical timelines and costs for patent applications, and other issues like international protection and determining patentability.
Patents provide exclusive rights to inventors for 20 years. For pharmaceuticals, patent protection is important due to high research and development costs and lengthy FDA approval process. Various tactics are used by pharmaceutical companies to extend patents, such as legislative lobbying. The Hatch-Waxman Act aims to balance brand and generic interests but is sometimes manipulated by brands. India's patent law changed in 2005 to allow pharmaceutical product patents to comply with TRIPS, which may impact the large generic industry.
This document discusses various types of non-patent market exclusivities that provide legal protection from generic competition for pharmaceutical companies. It describes five types of exclusivities in the US including orphan drug exclusivity which provides 7 years of protection, new chemical entity exclusivity with 5 years, new clinical study exclusivity for 3 years, pediatric exclusivity which extends existing protections by 6 months, and 180 days of exclusivity for being the first generic applicant to challenge a patent. The document also discusses exclusivity regimes in Europe including supplementary protection certificates and India's framework which does not guarantee data exclusivity.
The document summarizes a new USPTO pilot program that aims to provide more time to file regular patent applications after provisional patent applications. However, the benefits are more limited than they initially appear:
- The program only provides an additional 12 months to pay the search and examination fees for the regular application, while still requiring the regular application be filed within 12 months of the provisional.
- For large companies, the delayed payment of these two fees provides limited practical benefit given the overall costs of patent prosecution.
- Provisional applications still require demonstrating possession of the invention to the same standards as a regular application, so simply filing a provisional does not buy significant extra time if a quality regular application is
The USPTO announced a pilot program that seems to provide more time to file a regular patent application after a provisional one. However, a close reading shows the benefits are more limited. It allows delaying payment of some fees for 12 months but does not delay the costs of developing a thorough application. The program also does not change the requirements that the provisional and regular applications fully disclose the invention. So the program provides little meaningful relief from the unavoidable requirements of the patent system.
This document compares Post-Approval Studies (PAS) and Post-Market Surveillance Studies (PMS), which are both used to ensure the continued safety and effectiveness of approved medical devices. PAS are usually requested along with device approval, while PMS can be requested at any time. Key differences include when each can be requested, related documentation, and identification numbers. However, they have similarities in purpose, timeline requirements for submitting interim and final reports, FDA review timelines, and reporting status determinations.
Below is a presentation examining whether the AIA will change patent litigation in the Eastern District of Texas. The presentation explores aspects of the AIA, including changes to joinder, Post Grant Review and Inter Partes Review and how each of these changes in the law may impact patent litigation, particular with regard to the Eastern District of Texas.
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The presentation discusses different techniques for using US Patent and Trademark Office (USPTO) invalidity proceedings to invalidate issued patents. The presentation specifically discusses the new procedures available under the America Invents Act (AIA). Topics include Post-Grant Review (PGR) and Inter Partes Review (IPR) and cover business method review (CBM) programs. Deadlines as well as specific scheduling orders for these programs are discussed as well as how best to use the new programs at the USPTO.
Brand Protection is a growing concern among corporate executives, particularly those who operate in the global marketplace. It has become imperative for business practitioners to understand outlined and stipulated set of s rules and procedures that protect their brands. Thus, protecting their intellectual property, creative innovations from being copied. Besides, they are obliged to understand and observe the rights of consumers as they design and provide goods and services to both local and international markets. The course aims to build an in-depth understanding of brand protection from legal and ethical perspectives.
How to calculate_standard_patent_expiry_dates_and_data_exclusivityGenericlicensing.com
This document provides information on how to calculate standard patent expiry dates and data exclusivity periods in key territories including Australia, Canada, Germany, Spain, France, the UK, and the US. It describes the methodology for determining patent expiry based on application dates in each country. It also outlines data exclusivity periods and how to calculate expiry based on first marketing authorization dates in each jurisdiction. The periods range from 5 to 12 years depending on the country and approval date of the product.
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This document provides information on how to calculate standard patent expiry dates and data exclusivity periods in key territories including Australia, Canada, Germany, Spain, France, the UK, and the US. It explains the methodology for determining expiry dates based on application dates and grant dates for patents in each country. It also outlines data exclusivity periods for new pharmaceutical products in these countries and regions, taking into account any applicable extensions.
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The document discusses the process for obtaining a patent right in India. It begins by defining what a patent is - a set of exclusive rights granted by a government for a new invention for a limited period of time. It then outlines the 5 main steps to obtain a patent right in India: 1) determine the marketability of the invention, 2) conduct a worldwide patent search, 3) file a provisional patent application, 4) file a complete patent application, and 5) follow all patent deadline dates. The document emphasizes that patents only provide protection within the country they are filed in, so separate patents are needed in each country where protection is desired.
The document outlines the 7 main steps to file a patent in India:
1. Check if the invention is patentable by searching for similar technologies
2. Draft the patent application and forms
3. File the application with the Indian Patent Office
4. The patent is published 18 months after filing
5. The patent undergoes examination and the applicant may address objections
6. The patent is granted if no objections remain
7. The patent must be renewed annually for up to 20 years.
FDA Third Party Review Specialists
It takes one-third of the time to reach a 510K approval with TPRG - 55 days via 160 days. 510(k) in Calendar Days
You are welcome to call their epesenttive to the region
startup founders delimma to patent or not to patentRegal Beloit
Many startup founder face this question atleast once "Should they patent their products and technology or not? Is it that important? What if you don't patent? Are there other shortcuts? This article delve deeper in to this matter.
Patenting Issues For Biomedical Start UpsJohn Bashkin
Patenting is crucial for biomedical startups to protect their innovations and attract investors. However, the patenting process is expensive and complex. This document outlines key patenting challenges for startups and provides recommendations to reduce costs, such as thorough prior art searches, provisional patent filings, limiting patent claims and countries, and working closely with experienced patent counsel. Strong patents are important startup assets, so preparation and oversight of the patenting process is necessary to maximize value while managing expenses.
The presentation aims at a students focussed perspective of Abbreviated New Drug Application filing with premier regulatory body like USFDA, the eCTD is followed worldwide for drug submission aimed for gaining particular market approvals.When submitted with FDA it is evaluated by CDER. eCTD is further a mandatory submission for ANDAs with FDA and for NDAs with EU and Japan.
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Know the difference between Endodontics and Orthodontics.Gokuldas Hospital
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Let’s be honest. Maintaining that beautiful smile is not an easy task. It is more than brushing and flossing. Sometimes, you might encounter dental issues that need special dental care. These issues can range anywhere from misalignment of the jaw to pain in the root of teeth.
Co-Chairs, Val J. Lowe, MD, and Cyrus A. Raji, MD, PhD, prepared useful Practice Aids pertaining to Alzheimer’s disease for this CME/AAPA activity titled “Alzheimer’s Disease Case Conference: Gearing Up for the Expanding Role of Neuroradiology in Diagnosis and Treatment.” For the full presentation, downloadable Practice Aids, and complete CME/AAPA information, and to apply for credit, please visit us at https://bit.ly/3PvVY25. CME/AAPA credit will be available until June 28, 2025.
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This document discusses various types of non-patent market exclusivities that provide legal protection from generic competition for pharmaceutical companies. It describes five types of exclusivities in the US including orphan drug exclusivity which provides 7 years of protection, new chemical entity exclusivity with 5 years, new clinical study exclusivity for 3 years, pediatric exclusivity which extends existing protections by 6 months, and 180 days of exclusivity for being the first generic applicant to challenge a patent. The document also discusses exclusivity regimes in Europe including supplementary protection certificates and India's framework which does not guarantee data exclusivity.
The document summarizes a new USPTO pilot program that aims to provide more time to file regular patent applications after provisional patent applications. However, the benefits are more limited than they initially appear:
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- For large companies, the delayed payment of these two fees provides limited practical benefit given the overall costs of patent prosecution.
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The USPTO announced a pilot program that seems to provide more time to file a regular patent application after a provisional one. However, a close reading shows the benefits are more limited. It allows delaying payment of some fees for 12 months but does not delay the costs of developing a thorough application. The program also does not change the requirements that the provisional and regular applications fully disclose the invention. So the program provides little meaningful relief from the unavoidable requirements of the patent system.
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3. As we walk through each of the factors, I think you will find each factor to be relatively
straightforward. Listen for the terminology that applies to each factor, but more important is to
understand how each factor is computed, which is probably going to be a lot easier to
remember. You can always refresh on the terminology if you understand the concepts.
3
4. The most basic factor is the "base term" of the patent, which, in the United States, the European
Union, the United Kingdom and essentially all other relevant markets is 20 years from the date of
filing.
So, lets start with that, and then start folding in the exceptions and complications, many of which
can be very useful.
5a
5. So, 20 years might not sound bad at all, that is quite a long time. However, consider that the
Filing Date is when the patent application is first submitted to the patent office. Doing that does
not ensure that a patent is issued, and it can take quite a while for the patent office to get around
to reviewing the patent and deciding whether or not to grant the patent. So, a good bit of the 20
years can be eaten up waiting for the patent office to take action. Generally, expect that patent
office review will take about 3 years, so the time you have left after the patent is granted is usually
closer to 17 years. In fact, for many years in the United States, patents were granted with a base
term of 17 years after grant. So, the current system results in about just as long of a patent.
5a
6. So, you might say that it is not fair to have the length of your patent depend upon the speed of the
patent office. And, Congress agreed and the next factor we will review is known as "patent term
adjustment" which adds time to the base term if the patent office did not meet two deadlines.
The first deadline I am going to talk about is the one that I think is most expected. For this
element, the expectation that the patent office should grant of deny the patent within 3 years was
acted upon, so that if they do not meet that deadline, then whatever time more than three years is
added onto the end of the patent. As we can see here, if it took four years from the Filing Date to
the grant, then one year is added onto the Base Term as a Patent Term Adjustment.
5b
7. The other deadline is that the patent office should start the review of the patent within 14 months
after the Filing Date. Thus, if the patent office does not even look at your patent application for a
full two years after your file it, the difference between 14 months and 24 months, id est 10 months,
gets added to the Base Term, even if they are very fast and grand the patent before the 3 years
from the filing date is up.
5b
8. With both elements of patent term adjustment, the adjustment will not be granted if the delay is
the fault of the patent applicant For instance, if there is a fee owed, and the applicant is late
paying it, however many days late they are will be deducted from any adjustment. The same is
true if the applicant fails to respond to questions from the examiner in a timely manner. Thus, the
actual adjustment is computed by the patent office which notifies the applicant after the patent is
granted.
8
9. So, in addition to "Patent Term Adjustment", for pharmaceutical patents there is also a factor
called "Patent Term Extension"
Patent term extension is meant to ensure that pharmaceutical companies still have a good amount
of time left on their patents after spending years in clinical trials and in FDA review of the New
Drug Application.
Patent Term Extension has two elements as well, and the sum of the two elements is the amount of
the extension.
9
10. The two elements of "Patent Term Extension" are based upon two time periods:
The first is the amount of time from the submission of the IND, which you should know is the
"approval" of the investigational new drug application, and the submission of the NDA. The
patent holder gets credit for ½ of that clinical investigation time.
The second time period is the review time, from the submission of the NDA to the approval of the
NDA. The patent holder gets credit for all of that review time.
10
11. For the first element, the clinical investigation time, it should be noted that FDA does not really
"approve" of INDs, but there is a letter of "no objection" allowing clinical trials under the IND to
proceed. So, receipt of that letter is the start time of that time period. And, it is important to
understand that with NDA filings, the FDA has a process for "accepting" and NDA, so in FDA
parlance an NDA is not filed until it is accepted. However, for purposes of computing these time
periods, it is the actual providing the NDA package to FDA that marks the end of the investigation
period and start of the Review Period.
11
12. Patent Term Extension is limited in two ways.
First of all, the total extension is capped at five years. This limit can actually be reached. If FDA
review of the NDA is about 1 year, then if the clinical trial phase lasts 8 years the cap would be
reached. However, certainly everyone would hope that the clinical trial phase would not be that
long.
The second limit is that the extension cannot extend the patent beyond 14 years after NDA
approval. Thus, the maximum you should generally expect a product to have patent protection is
14 years. Of course, if a company is very fast, spends money before the patent is approved, and
moves quickly through clinical trials, a longer period of protection is possible. However, consider
the pre-clinical work needed just to submit an IND, getting more than 14 years would be
unusual.
12
13. So, the length of the Investigation Period is somewhat in the control of the patent holder company,
so that if they go slowly in the clinical trials they get a bigger extension. However, recall that
credit is only given for ½ of the Investigation Period, so every month of additional time in clinical
trials is two weeks less of time with an approved product on the market with patent protection,
presuming the NDA gets approved. Thus, the system does not reward delay, but does limit its
cost.
13
14. Credit for - ½ of testing time (IND effective date to submission of NDA)
plus - all of review period (initial submission of NDA to approval)
5c
PatentTermExtension:
15. 6 months for completed pediatric investigation plan
• Elect to apply to patent or exclusivity
• Qualifies even if PIP does not support indication
5d
PediatricInvestigationPlan:
16. Supplement Protection Certificate (SPC)
Up to 5 years for pharmaceutical testing and development
Additional 6 months in EU for completed Pediatric Investigation Plan (“PIP”)
16
EuropeandUK
20yearsfromdateoffiling
17. So, those are the basic elements of the length of a patent.
Please see our course on patent sequencing for a discussion of provisional patents, and strategies to
get the most out of your ideas.
Other course titles:
Provisional Patents and Sequencing Filings
Types of Pharmaceutical Patents
17