CRITICAL EVALUATION OF PATENT RIGHTS AND PUBLIC AND HEALTH SAFE CARDS IN PHARAMACEUTICAL INDUSTRY

Authors:

N.Ganga Manasa

Department of Drug Regulatory affairs, Srinivasa Institute of Pharmaceutical Sciences Email: manasanandyala6@gmail.com

GUIDE :  Mr. B.Ranganayakulu (M.Pharmacy, Associate Professor), Department of Pharmaceutics

Abstract:

A patent is an exclusive ownership right granted by a country to the owner of an invention, provided the invention satisfies certain conditions stipulated in the law. A Letters Patent (a kind of certificate) is issued to the owner of the invention by the patent office of the country conferring this right. Exclusivity of right implies that no one else can make, use, manufacture or market the invention without the consent of the patent holder. This right is available to the owner of the invention only for a limited period of time. However, the use or exploitation of a patent may be affected by other laws of the country which has awarded the patent. These laws may relate to health, safety, food, security etc.

A patent in the law is a property right and hence, it can be gifted, inherited, assigned, sold or licensed. As the right is conferred by the State, it can be revoked by the State under very special circumstances for the benefit of public even if the patent has been sold or licensed or manufactured or marketed in the meantime. The patent right is territorial in nature meaning thereby, that a patent granted in India can only be enforced in India. In case the owner of the invention wishes to obtain patents in other countries, the owner will have to file separate patent applications in countries of his interest, along with necessary fees.

Designed by Thomas Jefferson in 1790 to provide a brief legal monopoly to give the inventor an opportunity to get the invention into the market and recoup development costs before competitors entered the market.

Patent is a monopoly right granted by law for the exclusive use of an intellectual property to one or more individuals. The instrument by which such grant is made is known as 'Patent. The patent to whom a patent is granted is called the Patentee.

Section 2(m) of the Indian Patents Act, 1970 defines Patent as 1970 def "Patent" means a new product or process involving an inventive step lays down and capable of industrial application Act lays down

1. Grant of revocation of patents.
2. Items not patentable,
3. Product patent
4. Patent period
5. Rights and obligations obligation of patentee
6. Working of the patent,
7. Compulsory licensing and
8. Exceptions ( Rights of Govt).