The dictionary defines a patent as …a grant made by a state or government that confers upon the creator of an invention the sole right to make, use and sell that invention for a set period of time.
The intention of a patent is to confirm in law the ownership of an intellectual property (IP), and ensure that benefits gained from use, sale, manufacture or distribution of that IP can be given to the creators, those who did the work to realise the product, idea or concept.
Put this simply, the concept of a patent remains true to its history. In 500BC the Greeks created the first patent as an encouragement to discover new refinements in luxuries, but today, the reality is much more complex.
In order to be granted a patent, a number of criteria must be met. In most cases, the governing agencies or patent offices must be satisfied that the invention is new and contains an inventive step, is non-obvious, useful and industrially applicable. Although some jurisdictions assume these criteria are met and only confirm or otherwise in the event of a challenge to the patent.
Modern patents have many benefits to the applicants specifically, but also to the development of technology and innovation more generally. Not to mention the opportunities for financial and industrial growth that their existence supports and encourages.
The protection patents provide ensures that research, development, invention and dedication will be rewarded, and to the deserving parties, should a creation have potential and be successful.
They also facilitate disclosure, making the invention a matter of public record. This ensures the invention is always documented in history, but it also invites and encourages others to pursue similar ideas, fields or developments.
Finally, patents can protect a concept while it is still in development, while it is being proven to be new, industrially applicable and of use or benefit.
The last point is particularly pertinent for technology and pharmaceutical companies where extensive research and development are necessary and require a substantial investment of money, expertise and time, before a final marketable product, or IP is produced.
Obviously protection and ownership of the intellectual property in these instances has vital implications for the success of the company or individuals driving the innovation.
The length of time for which a patent is awarded is inherent to the technology and pharmaceutical industries also.
We have discussed in the past the substantial investment in pharmaceutical development. While an end product may cost little to produce; the time, technology and money invested in getting it to that point are major concerns for a companies’ backers and shareholders. Behind most drugs are eight to ten years of clinical development and often the invention of new technologies and processes necessary to create the final product.
Patents ensure that upon awarding of Marketing Authorisation Approval (MAA), a rival manufacturer cannot immediately reap the benefits of the IP owner’s hard work, investment and expertise by replicating the hard-won end product.
The tenure of patents, or time till their expiration, is currently averaged at 20 years from application. This insulation from competition and the respect of IP it affords is largely responsible for the booming pharmaceutical research, development and innovation taking place within the US primarily, but also Europe and Japan.
Globally, patents are a complex and fraught area under much argument and debate, particularly in the areas of individual health versus profit, developing nations and countries with no patent law in place.
It’s a complex debate; individual rights to access treatment, versus international law and the protection of intellectual property. But a flexible, if somewhat slow development is paving the way for patients to not only be able to afford drugs, but able to receive them legally, while not violating patents and threatening the future treatments and research and development programmes of pharmaceutical companies worldwide.
Ultimately, the pharmaceutical industry today has been built on the protection of patents, without which our suite of treatment options and life saving drugs would be much smaller. While no one would argue that not everyone should have access to new treatments, protection and respect of IP must be afforded to the entities that created them in the first place.
Image reference:
http://www.flickr.com/photos/42873250@N00/
