Patents for Chemicals

Abstract

Pharmaceuticals are nothing more than chemicals (which may or may not be produced by biotechnological techniques) having a certain physiological effect. In general therefore pharmaceutical patent issues are a special case of those relating to chemical patents, particularly in relation to claims to ‘Novel Chemical Entities’ (NCEs—chemical compounds that were not previously known) and processes. This chapter discusses a number of chemical patent issues, but with specific reference to pharmaceuticals. There are, however, also a number of aspects of patent law which are specific to pharmaceuticals and not to other chemicals and some of these relate also to medical devices. These largely find their basis in certain public policy concerns and in the regulatory framework affecting pharmaceuticals. Such issues are discussed in the next chapter.