Patenting And Trademarking
Pharmaceutical trademarking is just the simple trademarking of pharmaceutical drugs, with just more complicated steps than the usual trademarking. It seems like there is a new drug being discovered every day and all have their own distinct effect and all cover different types of personal and a totally different market. People once attached to a drug for a specific problem will stick on to the drug till prescribed differently or if they find the alternative drug more effective.
It is not like saying “I’m an apple user but I’ll give android OS a go”, No. No one will be ready to face a risk of health hazard by opting for an alternative drug, so mostly the name of the brand sits harder in the minds of people in the pharmaceutical world more than any other field. And that is the sole reason why there is a heavy complex process to get a pharmaceutical drug patented or trademarked. Strict regulations are in place to prevent confusion or misunderstandings among the medical professionals and consumers when using medicinal products, which may on the off chance lead to a fatal health problem.
Before I start on telling you the process and the steps let me make it very clear that pharmaceutical drugs are totally different from cosmetics and supplementary tablets. They both serve a whole different purpose. For naming your pharmaceutical product first you must do what all do initially. “Research”. It is the most important step for starting. As our earlier articles suggest before trademarking or patenting a full search on the name you wish to trademark is advisable.
And if you are looking to patent a full search on the specification of your drug is required. All drugs need to be trademarked and patented at all cost to be allowed to hit the market. Trademarking and patenting pharmaceutical products needs highly-specialized knowledge in trademarking and experience in the field of pharmacy industry as well. So it is better to use experts to handle the initial parts for you. Trademark re-searching for a medicinal product is normally a very complex and lengthy job, which should begin in the earliest stages of product development. Getting a legal trademark for a medicinal product is usually not the main challenge; the complexity comes upon obtaining a regulatory trademark as it represents unique and distinctive requirements, industry experience and knowledge is extremely necessary and you must effectively navigate the process as well.
Naming your drug” is another challenge altogether. They normally require 3 names to go about with naming a drug:
- The Chemical name
- A Generic non-proprietary name
- The Brand name.
Just for your understanding, I’ll give you an example. A drug called ROKO 2mg is predominately used as an anti-diarrhoea tablet has
- A Chemical name ‘ROKO’
- A Generic name ‘LOPERAMIDE HYDROCHLORIDE LP’
- And a Brand name ‘CIPLA’
This is how you name your drug and in this process, all drugs have a distinctive name and hence can never be accountable for any sort of confusion. Though it does look simple name creation is considered to be one of the most challenging aspects of IP in the pharmaceutical world due to the high level of name rejection by the FDA (Food and Drug Administration). Around 30% of brand names are rejected every year just to reduce the risk of mistaken prescribing, dispensing or taking medication,
which can cause health issues, such as worsening symptoms, injury, giddiness and in some cases, death. The generic names and brand name is the simplification of the chemical name of the drug and the desired outcome of the drug. For patenting the process and the outcome of the drug should also be specified for the patenting process to get through. Other than that it’s nearly the same process as the normal patenting. In this patenting and exclusivity are both taken into account.
Exclusivity is nothing but the uniqueness of your product and what added advantages it holds over the product already in the market. The market of your drug depends on where exactly your aims of buyers are. For a worldwide distribution, it is a must to get approved by the ‘world health organizational non-proprietary name’ (INN), Food and Drug Administration (FDA) and the European medical agency.
The patenting of drugs are normally scrutinized a touch more because if any mistakes happen its hazards may lead to death. In the past there where many drugs that proved to be giving grave side effects and since no one wants to see such things happen the test bars are normally set high but again a cheaper and effective drug with less side effects is always welcome in the market.
Are you having an idea of patenting or trade making your very own drug?
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