An invention that is novel, useful, and non-obvious is eligible for a patent in the United States. The United States Patent & Trademark Office (USPTO) categorizes patents into utility, plant, and design patents based on their subject matter. But can you patent a medical procedure? Yes. Pharma or medical patents fall under the category of utility patents. Considering their health impact on the public, pharma patents receive two protections- one from the Food & Drug Administration and another from the USPTO. Here we explore the pharma patents in correlation with the USPTO patent grant.Â
The USPTO lists the following categories as eligible for patents in the medical domain:Â Â
Besides the basic criteria of novelty and non-obviousness, the method of treatment claims should have subject matter eligibility and a written description and enablement. The written description refers to the precise physical steps that must be mentioned. Listing only diagnostic methods of observation will make your application invalid. Â
Alongside the steps, the document must also explain the effectiveness of the treatment. In order to do so, sufficient testing needs to be conducted to support the invention so you can patent a medical procedure.Â
If you have discovered a new and non-obvious way of using an existing drug, aside from its intended usage, it qualifies for a patent under the USPTO guidelines. You are required to attach method and not composition claims with such patents. Â
Drug repurposing, as it is called has immense potential but the difficulty in patenting, as well as subsequent hardships of challenging infringement, have made them less viable for investment. Â
If the criteria of non-obviousness is proven and fulfilled, then a patent may be granted for the new use of a known device. But such cases are rare as proving that the new use of the device would not be obvious to someone in the field is cumbersome. Â
The colossal amount of time and investments spent on medical inventions requires putting a sound patent strategy in place right from inception. The patent process is mostly similar to other patents barring a few additional requirements listed by the USPTO. An experienced firm will help you navigate the legal and administrative waters when it comes to medical and pharma patents. Â
We’ve constantly identified the value of new technology carried out by our pretty skilled executive crew with backgrounds as our professionals. Like the IP professionals we empower, our starvation for development is never-ending. We IMPROVISE, ADAPT, and IMPLEMENT in a strategic manner.
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