Pharmaceutical Patent Attorney - The Patent Professor®
If you’ve developed an original drug formula, protect it. An expert Pharmaceutical Patent attorney can help you patent your intellectual property.
Pharmaceutical Patent Attorney Specializing in Startups
A robust patent system is crucial for innovation in several industries, including pharmaceuticals. Long development times and significant R&D investments require companies and entrepreneurs to be able to realize a positive return to make their hard work and sacrifices worthwhile.
To help ensure that their research is profitable, a patent that gives the inventor exclusive rights to manufacture and sell the product helps keep innovation alive and well. In exchange for working to develop lifesaving drugs or treatments that improve one’s quality of life, the U.S. government offers patent protection, giving developers time to profit from their research.
The 21st century can be a golden age for drug development, but innovators need to feel confident that their creations will be protected from copycats, generic drugs, and knockoffs. Working with a patent attorney like The Patent Professor® can secure your rights to whatever you create for the life of the patent.
What Are Patents for Pharmaceuticals?
- It must not be obvious. For example, developing an aloe product to treat burns is not likely to be approved because most people are already aware of this solution and can create something on their own.
- It must be new. Your idea must be novel and unique in order to qualify for a patent. There are some loopholes in this area, which a patent attorney can potentially exploit for you. For example, let’s say that someone is making a useful drug that is now well known, but the maker never bothered to file a patent. You could potentially apply for the patent and be granted exclusive rights.
- It must be useful. This criterion is subjective, so working with a skilled pharmaceutical patent attorney is vital for approval and cutting through legal red tape.
How Long Does a Pharmaceutical Patent Last?
A pharmaceutical patent in the United States lasts for 20 years. However, the amount of time that an inventor can enjoy the monopoly may be significantly less than that, often around eight to ten years. The reason is that drugs require stringent testing and clinical trials before they can be approved to be sold in the marketplace. Despite this delay, the clock starts ticking once the patent gets approved.
To help extend the life of the patent for the original inventors, measures have been put in place that freeze the FDA approval of generic drugs for 30 months. This situation can occur if the company that holds the patent challenges the generic drug maker.
On the one hand, this gives a drug company more time to profit from their intellectual property. But, on the other hand, this practice has also served to increase drug prices for the American public.
How Do Pharmaceutical Patents Work?
To get a pharmaceutical patent, you would have to file with the USPTO (United States Patent and Trademark Office). Even though the standard length of a patent is 20 years, there are factors that can affect that timeline.
These factors include:
- Whether the patent application is provisional or non-provisional
- Whether you are seeking a design or utility patent (most pharmaceutical patents are utility)
- Whether you want any foreign patent protection
- Whether you are seeking patent protection for an orphan drug (an orphan drug is one that has a societal need but might not have the profit potential that a mainstream drug would have because the disease or condition is rare)
The success of your patent application is also highly dependent on the quality of your written disclosure materials. Working with an attorney is helpful at this phase because it can ensure that your materials are prepared correctly. However, this process can also be expensive.
Before going down the patent application route, it’s also helpful to do some research to ensure that your invention is unique, and that it doesn’t infringe on an existing patent. We’re happy to help you during this critical phase.
Working with The Patent Professor® can greatly reduce your costs because we charge a flat fee for patent applications. We will never nickel and dime you, and we don’t bill you for meetings, phone calls, emails, etc.
Can You Patent a Drug?
Yes, definitely! You can also patent a drug even if it has not been approved by the FDA yet.
Drug development is an expensive endeavor, and as an entrepreneur or startup, you might not want to undergo the approval process. In cases like these, you might decide you want to sell your patent.
You could also potentially patent a new use for an existing drug, which is a creative way to get a patent without having to do any drug development. This process can be tricky, so working with a board-certified patent attorney like The Patent Professor® can increase your chances of success.
Ready to Patent the Next Big Thing in Pharmaceuticals?
We encourage you to get in touch with The Patent Professor® for a complimentary consultation. Our board-certified firm is well-equipped to see you through the pharmaceutical patent application process from start to finish.
Contact John Rizvi, P.A., aka The Patent Professor® today to discuss your next steps. Fill out the form below or give us a call at (877) 728-7763.
