In fact, the original drugs are screened by thousands of compounds and then passed through rigorous clinical trials before they can be sold in the market. The original drug we are talking about refers to the imported drug that has passed the patent protection period.
It is understood that the successful listing of an original new drug takes about 15 years of research and development time and hundreds of millions of dollars of funds, so only large multinational pharmaceutical companies have the ability to develop these drugs. However, the research and development time of the original drug is long, the investment is large, and the protection period of the later patent is limited, so the price of the original drug is generally more expensive during the patent protection period.
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How long is the patent protection period of the original drug?
The original drug is generally applied for an invention patent. The protection period of invention patent in China is 20 years, and the protection period of patent right is counted from the date of patent application. In addition, there are no special provisions on drug patents in China, and there are cases where patents expire and continue, so the longest patent protection period of the original drug is 20 years.
The starting point of the patent protection period is not the patent announcement date, but the patent announcement date is the starting point for the patentee to obtain the patent right. The filing date of all kinds of patents is earlier than the announcement date, which means that the patent protection period enjoyed by the invention patentee is less than 20 years, and the patent protection period enjoyed by the utility model patentee and the design patentee is less than 10 years. For the patentee, the patent that exceeds the protection period becomes public technology, and everyone can use it for free. This patent has no selling point in the commodity market. Therefore, we should pay attention to the application date when purchasing patents, which will affect the consideration of patent transfer.
It should also be noted that China's patent law stipulates that the transfer of patent application right or patent right shall take effect from the date of registration. Therefore, the patent "buyer" should remember to register the patent transfer with the relevant departments in China National Intellectual Property Administration to prevent others from infringing and ensure the maximization of his patent right. The original drug (referred to as the original drug) was approved for marketing after screening thousands of compounds and strict clinical trials. "Original drug" mainly refers to imported drugs that have passed the patent protection period. It is understood that the successful launch of an original new drug takes about 15 years of research and development time and hundreds of millions of dollars of funds, so at present only large multinational pharmaceutical companies have the ability to develop these drugs. However, the patent protection period of the original drug is generally 20 years, and the price of imported drugs as the original drug is relatively expensive during the protection period.