Mercedes Benzene Posted July 16, 2006 Report Share Posted July 16, 2006 Is it possible to patent a chemical??For instance, if you discover some crazy new chemical, and do not want people to reproduce or market that chemical without permission, may you place a patent on that chemical? The only reason that I was debating with myself about this topic is that any chemical can theoretically be produced in a lab by anyone...But perhaps the implications would come when selling said chemical?? It just seems that if you come up with some radical new chemical that could revolutionize the pharmaceutical industry for instance, you may want to patent it. Any ideas? Quote Link to comment Share on other sites More sharing options...
UncleAl Posted July 17, 2006 Report Share Posted July 17, 2006 http://www.uspto.gov/web/offices/pac/doc/general/what.htmhttp://www.tms.org/pubs/journals/JOM/matters/matters-0004.htmlhttp://www.ladas.com/Patents/Biotechnology/USPharmPatentLaw/USPhar03.htmlhttp://www.lectlaw.com/files/inp18.htmhttp://www.usip.com/articles/whatis.htmhttp://www.smithhopen.com/glossary/default.asp?ID_Glossary=88It just seems that if you come up with some radical new chemical that could revolutionize the pharmaceutical industry for instance, you may want to patent it.Wouldn't do you a damned bit of good. To protect your claim you would have to patent all related compositions of matter that would display a marketable therapeutic effect. If you claimed a chemical structure that proves to be inactive, the patent is broken. If you don't cover the field, they simply walk around you. Still makes no difference. If Montbank P. Diddle has written, files, defends and is granted a patent (we're talking maybe $20K to this point) and pays the periodic upkeep fees... so what? If The Biggest Corporation violates your patent protection and makes a $billion in profits/year from it, a patent is only a license to sue. Do you have a few $million to pursue litigation? Damages are only awarded starting when patent infringement is upheld by the courts. OK, you survive all that crap and are awarded civil damages by a jury. How will you collect? The Biggest Corporation says "no payment will be forthcoming." Go sue them to collect your awarded damages. US patent protection covers America and maybe NAFTA states Canada And Mexico. The Biggest Corporation markets "your" invention in Europe and Asia, waits 20 years, and after your patent expires they ream you in North America, too. Corporations are immortal. Quote Link to comment Share on other sites More sharing options...
Mercedes Benzene Posted July 17, 2006 Author Report Share Posted July 17, 2006 Thanks Unc! Quote Link to comment Share on other sites More sharing options...
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