Make a patent application to wait until the market is mature


I hereby introduce a method called RNT by which a patent application may last for 20 years during the 40 years from the very filing date.
It has 4 merits:
1. a patent application may be published by 18 months from the filing date, but the market is not mature for many years say 10 to 20 years. The applicant may wait until the market is mature to request an examination and the patent application is protected from then on.
2. many patent applications are not to be carried out but just for defensive use. They may find it no use to be examined but still have the power to defend. Thus the examination demand is rather reduced.
3. there are inventors who do not have enough money to have their patent applications to enter other countries by 30 or 31 months from the filing date. They may have enough time to see the entries into the national phase.
4.there is a sensitive problem about the patent drugs. If the Indians may have 20 years of patnt drugs royalty free, 20 years of patent drugs with low prices but large quantities, then many people may be saved from the death or illness. Yeah, this is a big problem to be solved. It is related to the medical humanity.in the world.
In the following I will discuss the first and the final in details.
In the past, if a patent application hopes to delay its appearance before the public, it may alter its claims time and time to aviod finishing the examination in time. This strategy is called a submarine patent in the US.
Suppose a patent application is examined in the US and lasts for 20 years from the filing date,
If the market is not mature in the US until 10 years later from the filing date, then the patent only has a period of 10 years for protection in the US.
Evenmore, the patent application may apply to the IB to be an international application.
If  the market is mature in the US actually from the filing date, but still not mature in Africa until 10 years later, then the patent only has a period of 10 years for protection in Africa.
There is a simple solution called RNT meaning revoked but not terminated.
For a patent application, it may be examined any day during the 40 years after the filing date, and lasts for 20 years at most. Before the examination is held, the patent application is revoked and not protected, thus anyone may use the patent application royalty free.
But the patent application is not terminated. Once the application is being examined, it is protected from then on and lasts for 20 years at most.
If the market is not mature in the US until 10 years later from the filing date, then the examination may be held 10 years later and the patent application still has a period of 20 years for protection in the US.
Evenmore, the patent application may  apply to the IB to be an international application.
If  the market is mature in the US actually from the filing date, but still not mature in Africa until 10 years later, then the examination may be held 10 years later in Africa and the patent still has a period of 20 years for protection in Africa.
Note: the patent application shall be published by 18 months from the filing date.
The patent drugs produced in India are too expensive for the poor to afford.
The USA patent holders hope the patent last for 20 years from the actual market day.
There is a method discussed as follows called Revoked-but-Not-Terminated (RNT) to solve the problem.
If a patent application is filed and published by 18 months, it could be revoked but not terminated within the period of its life.
The patent may have a life up to 40 years from the filing date. But it is valid for just 20 years from the examination date.
During the period between the filing date and the examination date the patent is revoked. Anyone may utilize the invention during that period without paying the royalty fees at any time.
The result is really inspiring:
If a patent drug is filed on Jan 1st, 2010 in the USA, it is to be examined in India after 20 years which starts from Jan 1st, 2030. The patent drug is protected in India for 20 years from then on to Jan 1st, 2050.
During the first 20 years, the drug is not protected in India and the price is rather cheap for the poor in India and other developing countries.
After 20 years, the patent drug has gained its investment from the market in the USA and other developed countries. The price becomes lower in the USA and approaches that in India.
Note: the price may be lower, but the demand quantities may be higher then.

 
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www.Mehnat.IN

interesting but this will probably not work

 
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IP Lawyer & Trademark Attorney

This is quite interesting and has facts and substance, but what is the query ?

 
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Please give some advice on this.

I know of the Indian drugs are meeting difficulties about patent from abroad.

 
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Corporate Commercial & IP Lawyer

It is very interesting scenario..yes, patent laws differs from one country to another country..

As it is agreeable all markets are not matured enough to accept the invention.. It usually happens, we cannot expect every market to be as matured as US / UK / EU.

Indian pharma industry is based on generi, till 2005 India was only a transition member to TRIPS.. challenges are definitely part of it.. especially to comply with local regulation, compliances, meet demands and expectations..

Strategically, as an Indian pharma company - Patent should be started in India, go to US / EU and other countries... India is a huge market banking on generi products... it might be wiser to license here than manufacture...

Regards,

Nagaraj

www.iplexglobal.in

 
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