Patent layout in the field of pharmaceutical and chemical industry

What is a patent layout?

Patent layout refers to the targeted, strategic and forward-looking patent planning and deployment behavior in the technical field, patent application region, application timing, application type and number of applications in order to obtain a certain competitive advantage.

Why do we need a patent layout?

By implementing a patent layout, the blindness and fragmentation of patent applications can be effectively overcome by passive“patent for patent”Transformed“Targeted and planned patent applications for development needs”It can greatly improve the resource utilization efficiency of patent applications and the overall value of patent packages, that is, relying on the establishment and strengthening of patent reserves, enhance patent control in specific fields, and cultivate, maintain and enhance the competitive advantage of patented technology.

Commonly used patent layout techniques

Applicant's choice: select subsidiaries appropriately or confuse competitors; Inventors are open or not: they can choose not to be open when they need to prevent talents from being dug up; Patent type selection: choose one case and two applications, and at least ensure that they can obtain a ten-year protection period for utility models in the face of unknown invention patent authorization prospects; Protection period: the protection period of core technologies can be extended by using priority, peripheral patents, selection of inventions, etc. Disclosure Time: in order to obtain temporary protection or warn opponents as soon as possible, they can choose to disclose in advance; the applicant country chooses: according to the company's product market promotion plan; the degree of technical disclosure: there is no need to disclose the best technical plan to keep technical secrets.

Several Typical Patterns of Patent Layout

50. Patented Roadblock Layout:Only one or a few patents are used to protect inventions for specific purposes. Features: lower cost, but may be avoided by competitors with evasive design;
50. Strategic Patent Layout:ApplicationSo that competitors can not do circumvent design bypass patents. Features:It has a large blocking effect and can play the effect of four or two dialing thousands of pounds.;
50. carpet patent layout:As much as possible in the various research and development direction of the layout of the patent. Features: can be used for emerging technologies with high uncertainty;
50. wall type patent layout:Use a series of patents to protect important products and technologies. Features: suitableMany different technical solutions for innovation that achieve similar functional results;
50. Wrap-around patent layout:Wrap a competitor's base patent with multiple small patents. Features: It is likely to make the value of the opponent's basic patent disappear;
50. Combined patent layout:Apply for multiple basic patents for multiple basic technology points. Features: the formation of a close patent network, blocking the direction of research and development competitors.

pharmaceutical chemical fieldFactors to be considered in patent layout

The field of pharmaceutical and chemical industry has particularities such as large investment in basic research, slow technology upgrading, many improved technologies, slow application and transformation, difficulty in obtaining evidence for process methods, and many technological crossovers between fields.Patent LayoutThe following factors also need to be considered:

50. Protection Theme Selection:It is difficult to obtain evidence for patents based on process methods in the field of medicine, so we must pay attention to selecting the appropriate protection subject for the protection of patent applications. For example, after the process innovation is completed, the corresponding products and possible applications can be protected.
50. Core patent layout:When laying out the core technology, the following aspects need to be considered:1) The core inventions of the core technology are laid out in the category of blockbuster patents;2) pay attention to the protection of various derivatives of the core invention substances;3)Attention to the Epistemization and Formalization of Core Inventive Substances;41) Consider various substances, methods and fields of the core technology points, and expand its possible application scope.
50. Peripheral patent layout:Peripheral patents refer to defensive patents based on core patents and peripheral layouts to prevent follow-up innovations similar to the original research. In the field of pharmaceutical and chemical industry, in general, the peripheral patents are specifically Marcox compounds, prodrugs, metabolite products, new crystal forms, salt forms, composition patents, etc.
50. The whole industry chain layout:The connection between the middle and lower reaches of the industrial chain in the pharmaceutical and chemical industry is very close. The improvement of a technology often affects the entire industrial chain related to it, such as upstream raw materials, catalysts, reaction devices, etc., or downstream specific products and applications. If a competitor applies for upstream and downstream patent protection in advance, it may make it impossible to directly prepare the corresponding chemicals or the prepared chemicals cannot be sold on the market. Therefore, for innovation in this field, it is necessary to lay out the associated factors involved. Related substances may consider analogs, derivatives, intermediates, raw materials, prodrugs, catalysts, additives, impurities, crystal forms, pharmaceutically acceptable salts, and compositions./Compounds, preparations, active metabolites, etc., the associated method can be considered for preparation./Synthetic methods, extraction/Separation methods, analysis/Detection methods, improved methods, etc., associated uses can consider other medical disease uses, combined with other drugs after the use of improvement.