Lesson: Is Your Idea Marketable?
Patents and protecting your idea (10 min)
In both cases the brothers should find a lawyer. For Talleen, a patent is not marketing approval e.g. it’s about characteristics – is he patenting a molecule, a compound, texture, size, shape, a chemical process or developmental process. He can’t apply for marketing authorisation without verified pre-clinical and clinical studies so perhaps he could apply for patent before trials. However he also needs enough evidence to apply for patent so it’s not easy to decide and lawyers should be able to help.
If you wish to obtain a patent, there are several resources available.
- The World Intellectual Property Organisation (WIPO) pharma and IP overview and free eLearning
- WIPO IP offices directory
- WIPO patents database
A WHO report on intellectual property opportunities and challenges has found sources for patent information on specific medicines including patent landscape reports, a patent information manual on finding patents, and a WHO guide. The report shows examples of differences between countries for example where one country decided to ban multiple patent applications for minor alterations to medical products.
WIPO have launched a global Inventor Assistance program and online course to help decide ideas meet patentability requirements. The program is piloting in Colombia, Morocco and The Philippines.
Talking with a partner without disclosing your idea can help you assess options for protecting your idea.