Pitfalls of patenting and state authorization of medicines

Abstract

During the lifecycle of a medicine - from its development to consumption - the developer has to go through several stages, such as obtaining the exclusive right for a medicine, obtaining permission to produce the medicine, obtaining permission to distribute and use the medicine, i.e. the developer has to patent and register the invention and obtain a marketing authorization for it. In order to accomplish these procedures that fall within the remit of the Federal Service for Intellectual Property and the Ministry of Health of Russia, developers have to submit documents described in relevant legislative acts. The article describes the patenting procedure used by the Federal Service for Intellectual Property, including examination as to form and substantive examination. It also addresses some problems associated with patenting medicines and their state authorization. A conclusion is drawn on the importance of searching for unexpired patents and their analysis in order to prevent situations in which developers of medicines infringe the rights of others.