Pharmaceutical Patents

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Pharmaceutical Patents

What does a pharmaceutical patent cover?

A pharmaceutical patent provides patent protection to inventors and innovators for developing life saving drugs and therapies.  Patent protection is imperative to a new pharmaceutical company developing a new drug because of the lengthy clinical testing and regulatory process.  The right strategy will help pharmaceutical startup companies to gain patent protection alongside their development and growth.

Can I patent a new drug?

YES!  A new drug can be patented if it meets the criteria of the USPTO for patentability. Here are a few criteria that a new drug-based invention must meet to be patentable:

Obviousness:  If the invention is a well-known formulation to someone that is skilled or experienced in the invention’s field then it might be challenging to gain a patent for the invention. Your new pharmaceutical invention needs to show that it is new.

Novelty: An invention must be novel in order to qualify for a patent.  If the drug you have invented already exists,it may be harder to obtain patent protection for it.

Usefuleness: Usefuleness is a criteria that can be subjective. Usefuleness in simple terms means that the invention has someway of being used that it achieves an outcome.  Menlo Park Patents and our team can help inventors make the determination of usefuleness with our expertise!

Do I need FDA approval to start the patent process?

Many times pharmaceutical researchers and innovators commonly think that FDA approval is needed to start the patent process. There is no requirement made by the USPTO to have an approval from the FDA or even clinical trials to start the patent process.  You only need an invention, and the invention needs to be invented by yourself meaning that you did not copy it from another person or entity.  Using an experience patent practitioner or patent agent can help you navigate the complexities of the patent process but also provide a strategy that aligns with your pharmaceutical business plan for growth.

How long does a pharmaceutical patent provide protection?

A utility pharmcuetical patent provides 20 years of protection. However, the lengthy regulatory and clinical process needed to bring a new drug to market can in some cases shorten the time a pharmaceutical startup may have the monopoly provided by their patents.  Rest assured, that Menlo Park Patents has the expertise and strategies to help pharma-startups make the most of their patent portfolio and add value to their businesses!

Why Choose Menlo Park Patents

At Menlo Park Patents, we specialize in securing pharmaceutical patents with competitive rates and impeccable service. Our team of experienced patent agents understands the unique challenges and opportunities within the pharmaceutical sector. From conducting thorough patent searches to preparing and submitting comprehensive applications, we provide expert guidance every step of the way.


Contact Us Today

Protect your innovation with the expertise and dedication of Menlo Park Patents. Contact us today for a consultation and take the first step toward securing your intellectual property.

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FAQs About Patents

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