Innovative drugs in the "C" position can not avoid the assistance of "patent strategy"

Nowadays, intellectual property protection is one of the important links in the process of new drug research and development, which directly affects the rights and interests protection, competitive strength and innovation power of the original researchers (enterprises) But how to cultivate high-value patents of innovative drugs and deal with patent competition and patent litigation? 1 The essential "patent competition strategy" in drug innovation is a very important and essential factor in drug R & D and innovation, which is to protect and fix the achievements of R & D and innovation in the form of law Only in this way can we encourage the further development of innovative R & D The "drug innovation" in our daily life is actually very broad In the process of drug innovation, we say that patent protection also endows drug innovation with an exclusive right and exclusive interest Since then, drug innovation and patent protection have become inseparable, whether it's innovative drugs or generic drugs, whether it's chemical drugs or biological drugs, whether it's innovative drugs or generic drugs The innovation of new drugs or natural drugs embodies a way of thinking In the process of drug innovation, patents provide everyone with such a protection through exclusive rights The original intention of patent system is to encourage innovation through such a system At the legal level, patents set up a fence for innovators in the form of claims, defining innovators The rights in the fence can be protected, so that the development of technology can be clearly reflected and defined in law Actually speaking of patents, we can't do without the commercial purpose Why should we apply for patents, not for the purpose of applying for patents? Whether to apply for patents or to use patents, the ultimate purpose is to serve the commercial competition In the final analysis, it is also one of the ultimate means of commercial competition In business, if you want to get the most profits, you must want to monopolize the market, but can you monopolize the market? No, it's not allowed by the state The State Administration of market supervision has an anti-monopoly agency Can we monopolize the market through patents? Yes, patent right is a legal monopoly right Can you monopolize the market after applying for a patent? The answer is still no, because only patents do not mean that you can monopolize the market Only through correct strategies and correct application can you achieve the purpose of monopolizing the market How to monopolize the market through patents? The following content of this report gives you preliminary answers 2 How to use the patent competition strategy to seize the first opportunity in drug innovation to create and maintain their own proprietary rights and interests can be roughly divided into five levels: patent individual, patent layout, patent analysis, patent challenges, patent litigation The first three are strategic layout, and the latter two are tactical layout Only when they are combined, can they be invincible Correct use of the three in strategic layout First of all, the existence of "patent individual" as a basis in the strategy, without any patent, there is no need to talk about it Second, on the basis of a certain patent individual, there is also a "patent layout", just like in the war, only the army, only the soldiers are not enough, but also the array, with a certain organization can really have combat effectiveness In order to obtain real business interests, it is necessary to carry out "Patent analysis", that is to say, in the art of war, knowing one's own and knowing one's other, can only in this way can we have a comprehensive control over the current situation and the form But how to succeed in strategy is a bit of a matter of paper Is it useful to apply for a batch of patents blindly? In the business competition, there are inevitably frictions, just like Chairman Mao said: "struggle for unity, compromise for unity, so sometimes we have to use tactical means to win, which is the time for" patent pick "war and" patent litigation "to show their strength I want to share with you that the competitive strategies of all patents are based on the above five points, and where is the value of a patent obtained by an individual patent? There are three parts: identification, defense and attack From the perspective of identification, there are applicants, inventors and a clear obligee for patents When you see these patents, you know who the obligee is and declare your rights In addition, applying for a patent also represents that you have made an outstanding substantive contribution in this field, obtained the progress of innovation, reflected a certain strength, is a symbol of strength, represents a good technology, a good platform, and reflects your strength As for the defense value of patents, the most commonly used is to apply for patents for the purpose of protecting your own technology, preventing others from infringing your rights, making it impossible to use your technology, expressing your market, and legally achieving the purpose of monopolizing the market In addition, it is often overlooked that patents themselves have some offensive characteristics, though not many, but But it's useful enough, such as tracking the opponent's technology development, applying for your patent on the opponent's technology development road, or disclosing in advance what you don't want the other party to apply for, which will play a destructive role, and so on Finally, I understand the role of patents Smart people can make the most of their own interests by applying, licensing and transferring Among them, applications include the process of writing, submitting, deep communication and confirming authorization Licenses include exclusive, exclusive, ordinary, cross licensing, etc and transfers include purchase, operation, etc these things are not independent manifestations After the patent layout, analysis and so on, these things can be integrated organically Of course, after having a certain number of patents, the role of patent layout is reflected Why patent layout? Patent layout is to organize patents It is the core of a strategy Only when there is a layout, there is a strategy Only when there is a layout, there is a strategy Only when there is a strategy, can you occupy your target field and market It is precisely because of the non interoperability of domestic and foreign patents that a comprehensive consideration should be given to both the current market and the future market when applying for a patent In this way, the layout of a patent will not There is a loss of some rights There should be both reverse thinking and forward-looking thinking, which should be used comprehensively in patent layout The patent layout also has a very important role in collaboration One patent was applied for in the front, and another patent was applied for later When the result was written, no attention was paid to it The former patent brought out the latter As a result, when applying for the second patent, the former application had destroyed creativity and even attraction This leads to the loss of power, so patent collaboration is also very important in patent layout It must be coordinated in data, theme, time and space, so that patents will not be disordered Finally, the patent layout has a very important role, that is to say, through the correct patent layout, with the increase of time and the maturity of the market, the patent can maintain or even appreciate its value If there are three methods in terms of operation mode, the first one is barrier type When the initial research has just made new progress, the patent development form should be protected in time At this time, how to choose the subject of protection, what field to protect, and how to choose the time of protection? In the form of priority or direct application, it is particularly important in the limited patent protection in the initial barrier type Then when your patent reaches a certain number, it is necessary to protect some technical support purposefully, and a wall type protection mode is needed, and a comprehensive and macro patent layout is carried out at a patent point Another way of patent layout is comparable to that of local tyrants, or carpet layout, which is suitable for the fierce market competition The threshold is relatively low When everyone has a layout in this field, it's like playing go The more children they play, the larger the circle, and the more land they occupy The final market belongs to the more The most common is the communication field, like Huawei's application Hundreds of thousands of patents The same is true in the field of medicine Some multinational pharmaceutical enterprises have carried out such a layout in China Compared with the current domestic enterprises, they are still relatively few, but they will gradually increase in the future At present, the most common layout in the field of medicine is called sugar coated layout I have core patents, and there are subordinate patents outside the core patents The subordinate surrounding the core constitutes the sugar coated layout, which is relatively cost-effective From another perspective, this layout will also be regarded as a weapon At this time, if the opponent holds the core patent, the subordinate patent is our attack In the field of medicine, a common example is that when making generic drugs, the original research drug usually lays out its core patent If after the compound patent comes out, the patent cloth is not completed in time When the office applied for a series of subordinate patents, a compound came out, and a large number of new indications were made in terms of indications, and a batch of patents were applied The final result was that the core patents of the original research were surrounded by patent layout, and the bargaining chips were increased when cross licensing or authorization was carried out in the future After finishing the patent layout, I will talk about two major values of professional analysis, one is early warning, the second is evaluation Early warning is easy to think of product early warning When the product is put into use, when buying other people's products, is it infringement? We should make an analysis of patent early warning The other is intelligence monitoring, which focuses on the latest research trends of competitors or tracking objects, or the emergence of new players in the field, new patent applications, and grasps the latest trends through an analysis monitoring, so as to make preparations and layout for further efforts in advance The second is evaluation, which is also reflected in many occasions One is to evaluate the opponent's patent when it is invalid or when it is a patent challenge, which is easy to deal with and which is not easy It needs to be analyzed After obtaining the desired results, it needs to break through from the weak points As a patent right, it needs to be evaluated in advance to see whether the patent used to protect the right is stable What kind of patent is suitable for safeguarding rights, whether it is easy to use, whether the technology invested is advanced, whether there is patent protection, whether the protected patent constitutes a moat, and whether there is a real barrier? Stable and unstable patent? So patent analysis is undoubtedly a means of knowing oneself and knowing the other Tactical equipment: patent challenge and the right way to open litigation In the incremental market, everyone is developing independently, but when it is in stock, it will start to compete, just like go At the beginning, all kinds of ideas come out At present, the country has not implemented them, but it has been shouting for a while In 2017, the two offices issued documents to prepare for the implementation of the patent connection system, and the original pharmaceutical companies can go to the patent office and the Drug Administration for the listing of new drugs Application, and appear in the relevant patent in the listed drug catalog level, generic application challenges the patent before the expiry of the original research drug patent If the challenge is successful, the generic enterprise can obtain the monopoly period of the market It can be expected that in the current state, for generic pharmaceutical enterprises, there is no enthusiasm for the patent challenge, because there are too many people who do it, I invalidated it, and other enterprises listed faster In fact