Patent renewal for invention related to medicinal product, pesticide and agrochemical: statistics and questionnaire results
EDN: https://elibrary.ru/mniwqe
Abstract
The relevance of this paper is due to the high importance of the development of the pharmaceutical industry in accordance with the Strategy for the Development of the Pharmaceutical Industry until 2030 approved by the Government of the Russian Federation. The purpose of this рарег is to analyze the Russian legislation in the field of patent term extension taking into account the opinions of leading patent law firms and representatives of the business community working in the field of drug circulation. The paper utilizes a questionnaire survey method to investigate the satisfaction with the current patent term extension procedure among patent law firms and leading pharmaceutical industries engaged in invention-related activities and provides relevant statistical data concerning the institution of extension. The study found that patent term extension for inventions in the field of pharmaceuticals, pesticides and agrochemicals is in high demand. The presented results will be of interest to a wide range of persons from the point of view of developing proposals for amendments to the regulatory legal acts of the Russian Federation. The study was carried out jointly with the Eurasian Patent Office within the framework of the research work on the topic “Legal regime of patent term extension in the Eurasian region”.
About the Authors
A. L. Zhuravlev
The Federal Institute of Industrial Property
Russian Federation
Russian Federation
Andrey L. Zhuravlev, Cand. Sci. (Law), Head of the FIPS International Cooperation Center
Moscow, Berezhkovskaya emb., 30, bld.1
N. B. Lyskov
The Federal Institute of Industrial Property
Russian Federation
Russian Federation
Nikolay B. Lyskov, Head of the Center for Chemistry, Biotechnology and Medicine
Moscow, Berezhkovskaya emb., 30, bld. 1
T. A. Bezzabotnova
The Federal Institute of Industrial Property
Russian Federation
Russian Federation
Tatiana A. Bezzabotnova, Head of FIPS Patent Validity Control Department
Moscow, Berezhkovskaya emb., 30, bld. 1
N. V. Alisova
The Federal Institute of Industrial Property
Russian Federation
Russian Federation
Natalia V. Alisova, Senior Researcher
Moscow, Berezhkovskaya emb., 30, bld.1
References
1. Blagopoluchnaya, K. M. (2013), Unified patent and legal protection of inventions in the territory of the Customs Union of Russia, Belarus, and Kazakhstan as a means of its innovative development. Cand. Sci. Thesis, Russian State Institute of Intellectual Property, Moscow, Russia.
2. Motina, D. V. (2020), Extension of the term of exclusive rights for inventions related to medicinal products. In Intellectual Property: A Look into the Future: Proceedings of the II International Scientific Conference of Young Scientists, Russian State Academy of Intellectual Property, Moscow, Part 1, pp. 169–178.
3. Kiriy, L. L., Goryacheva, E. I. & Bondarenko, D. P. (2008), Obzor normativnogo regulirovaniya i praktiki predostavleniya dopolnitel’nogo sroka ohrany izobreteniyu [Overview of regulatory framework and practices for granting additional protection for inventions]. Patent, Moscow, Russia.
4. Sobolev, A. Y. (2009), “Extension of the term of exclusive rights and patents for inventions related to medicinal products, pesticides, or agrochemicals – who is to blame and what to do?”, Inventiveness, no 9 (8), pp. 27–40.
5. Mikhailov, A. V. (2013), “Rubber” patents: Russian practice of frivolous patent extension for medicinal products”, Patent Attorney, no 4, pp. 20–25.
6. Gavrilova, E. B., Semenov, V. I., & Lyskov, N. B. (2017), “Extension of the term of exclusive rights for inventions related to medicinal products, pesticides, and agrochemicals”, Patents and Licenses, no 8, pp.10–19.
7. Pilicheva, A. V. (2015), Medicinal products as an object of law. Cand. Sc. Thesis, Federal State Research Institution “Institute of Legislation and Comparative Law under the Government of the Russian Federation”, Moscow, Russia.
8. Balashova, A. I. (2024), “Legal mechanism for extending the patent monopoly on inventions. Intellectual Property”, Industrial Property: Scientific and Practical Journal, no 5, pp. 56–62.
9. Polyakova, A. A., & Lyskov, N. B. (2024), “Strategy for updating and applying inventions for a specific purpose”, Patents and Licenses. Intellectual Rights, no 8, pp. 21–29.
10. Nazina, E. E. (2017), “Additional patent for an invention: Opportunities and challenges”, Patent Attorney, 1, pp. 35–42.
11. Malakhov, B. A., & Airapetov, N. A. (2022), “Features of challenging patent extensions in the Russian Federation”, Journal of the Intellectual Property Court, no 1 (35), pp. 97–102.
12. Kuminova, A. A. (2023), “Extension of the term of exclusive rights for inventions and additional patents: Procedural aspects”, in Intellektualnye prava v cifrovuyu epohu: izbrannye aspekty [Intellectual Rights in the Digital Age: Selected Aspects], Federal State Budgetary Educational Institution of Higher Education “State Academic University of Humanities”, Moscow, pp. 380–391.
Review
For citations:
Zhuravlev A.L., Lyskov N.B., Bezzabotnova T.A., Alisova N.V. Patent renewal for invention related to medicinal product, pesticide and agrochemical: statistics and questionnaire results. Bulletin of Federal institute of industrial property. 2025;4(1):40-47. (In Russ.) EDN: https://elibrary.ru/mniwqe
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