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THE PHARMA REVIEW (MAY - JUNE 2012)

Importance of Patent Drafting and Types of Patent Claims

Manthan D Janodia, Sreedhar Virendra, Ajay Pradeep, Prashant M and Udupa N.*

Introduction
The intellectual property is provides the right to an inventor to protect his invention against unauthorized use. All the components of intellectual property namely, but not limited to, patents, copyrights, trademarks, trade secrets, integrated circuits, industrial designs, geographical indications are important. However, the most important aspect of intellectual property in pharmaceutical field is patents. A patent protect invention and is a negative right because the patent holder excludes others from using his invention. Patent rights are granted by Patent and Trademark Offices of respective countries in which the patent applications are filed. The patent rights are granted provided the applicant meets the criteria of patentability and complies with the requirements of patent filing. Patent document is techno-legal document due to the nature of information provided. The technical aspects of inventions are mentioned in the patent application for which the patent protection is sought and it is a legal document since it provides exclusive right by the government to the inventor and prevents use by others. In order to secure the patent rights it is important on the part of inventor to decide what components are to be protected. This protection is sought based on claims. Claims define the boundaries of invention and provide legal protection. Thus, claims define the scope of subject matter. Claims drafting is one of the most important element of patent application. Claims drafting is an art as well as science because during the drafting it is important to ensure that the scope of protection is adequately mentioned and scientific knowledge of what is to be protected should be known.

 

 

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