Patents are defined as exclusive rights granted by a government to an assignee or inventor for a certain period of time, up to 20 years, that means, the patent gives one the right to prevent others from benefiting from the invention in a commercial way, for instance, selling, using, and importing for a fixed period. But at the same time it is not a right to make, sell and use anything by the inventor (WIPO, 2008).
In pharmaceutical applications, the patent must include details about the physicochemical properties of the drug and the method of the preparation and its biological effects, therefore the patenting may not take place until pre-clinical trials and phase I of clinical trials are completed .
There are several criteria must be satisfied …show more content…
After approving the invention, the patent will be given (PCT Timeline, WIPO 2010).
Zoloft®/ Sertraline Hydrochloride Patent
Zoloft®/Sertraline Hydrochloride was invented and produced by Pfizer Inc, USA.
The patent application of Sertraline Hydrochloride was filed at United States Patent and Trade Office (PTO) in November 1st,1979 under the title “Antidepressant Derivatives of CIS-4-PHENYL-1,2,3,4-TETRAHYDRO-1-NAPHTHALENAMINE” and it satisfied the main criteria to be patentable such as,(Welch, et al., 1985)
1- Novelty, as Sertraline Hydrochloride is an invention that was not known to the public before the filing date. Moreover, this invention was not published in any public journal or “ oral disclosure”. Even though there were other compounds were filed as antidepressants, for instance, Fluoxetine and Citalopram but they have different formulas.(WIPO, 2008)
2- Non-Obviousness,This criteria is very important for an invention to be patented and the main factor is that the differences between the prior art and the claimed invention are not obvious to a person who have an ordinary skill in the art. moreover, the decision of this criteria belongs to the examiner and if the claimed invention does not meet this requirement, it will not be patented. (WIPO,
In pharmaceutical applications, the patent must include details about the physicochemical properties of the drug and the method of the preparation and its biological effects, therefore the patenting may not take place until pre-clinical trials and phase I of clinical trials are completed .
There are several criteria must be satisfied …show more content…
After approving the invention, the patent will be given (PCT Timeline, WIPO 2010).
Zoloft®/ Sertraline Hydrochloride Patent
Zoloft®/Sertraline Hydrochloride was invented and produced by Pfizer Inc, USA.
The patent application of Sertraline Hydrochloride was filed at United States Patent and Trade Office (PTO) in November 1st,1979 under the title “Antidepressant Derivatives of CIS-4-PHENYL-1,2,3,4-TETRAHYDRO-1-NAPHTHALENAMINE” and it satisfied the main criteria to be patentable such as,(Welch, et al., 1985)
1- Novelty, as Sertraline Hydrochloride is an invention that was not known to the public before the filing date. Moreover, this invention was not published in any public journal or “ oral disclosure”. Even though there were other compounds were filed as antidepressants, for instance, Fluoxetine and Citalopram but they have different formulas.(WIPO, 2008)
2- Non-Obviousness,This criteria is very important for an invention to be patented and the main factor is that the differences between the prior art and the claimed invention are not obvious to a person who have an ordinary skill in the art. moreover, the decision of this criteria belongs to the examiner and if the claimed invention does not meet this requirement, it will not be patented. (WIPO,