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PATENTS

A patent is a right which is exclusively given to an individual for the invention of a product or process that finds new solutions to a problem or provides a new way of doing any work. It provides protection for the invention. It is generally granted for a limited period of 20 years. Patents are necessary as they help in recognizing the creative work and worth of an individual and provide incentives for the same. This recogntion in return encourages innovations and enhances the quality of one’s life. Patent protection refers to the state when the inventions cannot be used or sold commercially without the consent of the owner. During the patent period, the owner has complete right to decide who may or may not use the invention. It is the discretion of the owner to give permission to any other party to make use of the invention. Patents are granted by the national patent office after the complete examination of the invention. The invention must be of practical use and must carry some new characteristics. It is important for business firms to get their invention secure through patents so that they earn their share of profit and reward as well as their work is not used by the other party.

INTRODUCTION

With the advancement in science and technology in the world, the scope for the betterment and success has tremendously increased in relation to health conditions. Diseases like malaria and TB which have affected human health all over the world have now found solutions and cures, and all this is because of the advancement in science. In order to ensure that the benefit of such technological and scientific advancement reaches the entire world a patent is created.

A grant of a patent serves as a major incentive since it not only protects the inventor's effort but also helps it as a Return of Investment. A patent grant helps the inventor in disclosing its invention which benefits the inventor as well as the public. It is obvious that new innovation needs heavy amounts of research and development. Thus invention in any type of drug and medicine need heavy amounts of investment for success and growth and along with investment a considerable amount of time is also required for a long- term research.

Even after the invention of the new drug the efforts don't end here  and it has to go through various stages of clinical trials and other procedures to get accepted or approved by any country. To go through such a long and hectic procedure and patiently wait for approval one needs some motivation and a reason to wait. Patent acts as a catalyst to the innovator and helps him not only protect its right over invention for a period of 20 years but also helps in its ROI. The grant of the patent also helps in incentivizing the invention by manufacturing, selling or licensing it to other companies. The profits from such sales further help in generating funds for further research and development.  The current Act and rules connected to Patent provides for the mandatory disclosure and availability of the information regarding patients to the general public and such information can be used for prior art search before filing the application and can also be used for advancement or innovation in existing patent.bring. This information is more of use to the researchers of the same field.

Protection of Innovation in Drug Industries-

The TRIPS – TRADE RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS Agreement of the World Trade Organisation (WTO) had added new aspects to the Intellectual Property laws of India. This change has further affected laws for public health on a large scale. Some of the obligations that need to be followed are mentioned below-

-To recognize patents for inventions in all fields of technology, with limited exceptions;
-Not to discriminate with respect to the availability or enjoyment of patent rights;
-To grant patent rights for at least twenty years from the date of application;
-To limit the scope of exceptions to patent rights and to grant compulsory licenses only under certain conditions;
-To effectively enforce patent rights.

All the countries associated with the World Trade Organization need to compulsorily comply with the  TRIPS agreement. The countries, however, have the rights to have their own laws for property and form their own patents. Different countries have their own ways of implementing the laws and their policies. Protection of drugs is still a matter of grave concern in many countries which in turn affects the countries as people lose access to many drugs. There are various ways in which the drugs can be made available to the citizens belonging to the developing countries such as Compulsory licensing. The compulsory licensing of patents for drugs that constitute a necessity are granted by the government. The other way is to manufacture generic drugs after expiration of the patent and when the invention falls within the public domain, the countries can try to negotiate with the holder of the patents to provide the drugs at a low price.

CONCLUSION

Public health is one of the most important areas of concern for India and this topic needs to be discussed at all forums. It should be considered of utter importance. Patent related public health is even more beneficial as it helps both the country as well as the inventor. The Patent holder gets to secure the patents and earn the profit that they deserve for hard work and innovation while the country gets the benefit of using the drugs and curing the widespread disease. Bottom line being Patent grants help in motivating the people for new innovations.