On the difference between drug patent and electromechanical patent

The difference between the two depends on the characteristics of the industry If the original R&D enterprises hold back on technology updating, the mechanical and electrical patents may soon be "besieged" by competitors, changing from leaders to laggards. The biggest feature of the pharmaceutical industry is that any legal drug in the market must be strictly examined and approved by the drug supervision department, and the time and cost of product research and development are very high. Therefore, compared with the electromechanical industry, they rely more on the protection of drug patents, so patent drug research and development manufacturers are more cautious in writing and applying for drug patents, with more rigorous steps and less possibility of finding loopholes. Generally speaking, it is difficult to adopt the strategy of gradually surrounding core patents with peripheral patents.

In the writing of electromechanical patents, mathematical logic tends to be established, and many patent applications can be derived and supported with less experimental research. In writing, due to the large number of applications, the retrieval, evaluation and energy input of a single patent is less than that of a single drug patent (except for breakthrough patent inventions), and patent engineers communicate less with R&D personnel and company executives before patent application, which is also determined by industry characteristics.

However, drug patents are not. For the research and development of core drugs, the first compound patent of an enterprise is often submitted on the premise of careful research work, full communication between patent engineers and R&D personnel and senior management of the company, and rigorous and meticulous writing. Therefore, the core patents in the pharmaceutical industry have a long description and a large number of claims. Often a patent is a net, and the claim covers the compounds, ingredients, preparation methods and uses of Markush's formula, which often makes full preparations for obtaining the best protection in the future and also sets the biggest obstacle for competitors. As drugs enter preclinical research and clinical research, patent pharmaceutical companies will launch patents for single compounds at the right time, followed by patents for crystal forms of compounds (if any), and then patents for pharmaceutical preparations and new uses will be launched as drugs go on the market. This process is closely related to the timing of public technology, and it is difficult for non-original research enterprises to find new R&D opportunities.

Patents in the electromechanical industry, based on the characteristics of the industry, are more dominant in their patent applications. Often in the new research and development direction, enterprises will deploy many or even dozens of patents to protect core technologies. Generally speaking, they use a number of patents to form a patent pool to achieve the purpose of monopolizing the market. Due to the large number of applications from mechanical and electrical enterprises, some patents will be abandoned soon if they are found to have no practical market significance, and the average patent life cycle is short. This is because of the rapid technological progress, low industry threshold, short administrative examination and approval period and short investment payback period, which has the taste of "extensive planting and thin harvest".

Although the technological progress of the pharmaceutical industry is also changing with each passing day, in order to ensure the effectiveness and safety of drugs, the research and development cycle of drugs is long, the capital occupation is huge, and the approval risk is great, so there are relatively few research and development projects that can be started at the same time. Therefore, the number of patents applied by drug developers is relatively small, but the application quality is high, and they are extremely sensitive to the R&D process, and they are the representatives of "intensive cultivation".

Medical patent litigation generally adopts core patent litigation.