incremental innovations in India
Saturday, April 30th, 2011Introduction:
The term refers to innovation
something new or different products or methods that have been introduced. It is an act or process of inventing or introducing something new in the market that is original and different from other existing products. Innovation is a new way of doing something or “new thing that is made useful” Innovation can be regarded as a result, the process repeats itself and not something that exists, as is <-. Next page -> assumption, however, innovations in search of very short duration of the rapidly changing world this way, incremental innovation is the addition or modification to the existing knowledge and techniques to produce a product that exists .. already on the market. These increases made innovations contribute to increasing the effectiveness of research products in relation to its costs and performance. products in the market
In addition, the search for incremental innovations to prevent a monopoly on the part of a <- - Next>.
However, the question is whether increasing the debt arises can be considered as the search for innovation The answer would be yes. in today’s world, with the new logic of technological progress to be made every day, inventions quickly become obsolete, as new inventions take place. So to be given with current technology, the increase being made to the basic principles is necessary because it accumulates in the fundamentals <- Next ->. technologies developed by domestic and foreign investors and therefore, this system promotes technological catch-up and diffusion through incremental innovation and the result of this process would be a completely new and improved, which is more convenient, efficient and has less problems the previous one.
How many innovations are incremental innovations radicalInnovation
reference to the development of new ideas, methods or products that may be <- Next -> commonly divided into “ radical” strong> “incremental” search for innovations that address the very high uncertainty factor associated with high-risk innovative research to try very risky for those involved in R & D programs. On the other hand, increases made to existing innovations are more beneficial because it leverages existing technologies and modify, and improve the products of research that have already been successful on the market . Accordingly, the level of risk is lower than the original or radical <- Next -> .. innovation
more pharmaceutical innovations often lead to greater efficiency of the products of the first drug known drugs turning often show secondary effects and restrictions others that lead to their replacement with more efficient versions gradually improved. Between 1960 and 2003, about one third of all drugs based on further progress has been approved by the Food & Drug SU. Administration (FDA) This indicates that the drugs examined showed a <- Next -> .. significant improvement over existing drugs In addition to clinical benefits, the incremental innovations have social and economic importance and can be increased resources for new discoveries, health care and reduce costs of other services Social and increased competition in drug prices
patents and incremental innovations. or composition of matter as well, the subject of a patent would be no innovations that were introduced on the market. Patents grant exclusive rights for the individual who has invented a product for a limited time. At the end of that. research, the invention is made available to the public for future use and research, however, the important question is what incremental innovations are eligible for grant of patents exclusive <- Next ->
various countries like U.S., Japan, South Africa and others take a softer approach towards the patentability extra <- Next -> innovation, these countries have the concept of utility model <. / strong> which is quite similar to that of patents, but have a shorter period of time (often 6-15 years) and have less stringent requirements for patentability. Accordingly, the inventions are made available to a person with experience in technical inventions and to make necessary changes to these inventions
The German and Austrian utility model is called utility patents, which has influenced other countries such as <- pag. Next. -> Japan In Indonesia, the utility model is called a petty patent Almost all countries except India offer this type of patent protection to innovations The basic idea of ??a permissive approach to the .. incremental innovations is looking for incremental innovations that build on existing technologies and innovations that help to keep updated with the needs of the current scenario. In this way, the technological knowledge of the country continues to grow each time <- Next -> .. The real time increments that are made to existing knowledge in technical support for recovery through the dissemination of existing knowledge with new discoveries that are made for this product
E ‘clear the date andtechnological progress of countries like USA, Japan, Korea and China, among other things, that their permissive attitude toward incremental innovations contributed to the rapid growth and development that more and more foreign and domestic investors <- Next -> inclined to invest in countries where they have to invest relatively small amounts of capital and the level of risk is so
incremental innovation in India: / p> India enacted its first patent in 1856straight still under British rule Although it has been amended several. times during the colonial period, the Indian Patents Act consistently provide for the patentability of pharmaceutical products after gaining independence in 1947, India has undertaken a. systematic examination of the his right <- - Next> Patents Designed to develop its national pharmaceutical industry, which led to the Patent Act of 1970
.
1970 law that permitted the applicant for a patent for a maximum of a process producing a pharmaceutical product and reduces the duration of the patent for this process to 14 years less than 5 years from the date of approval of the patent or 7 years from the date of application. With patent protection for pharmaceutical manufacturing processes <- Next - > under the 1970 Act, a large generic drug industry has emerged in India, which has developed the ability to decode pharmaceuticals developed and patented outside India and the design of new processes for the production of drugs tested.
In 1995, India became a founding member of the WTO and some aspects of the WTO. trade in intellectual property rights (TRIPS), among other things, the terms of the TRIPS Agreement should provide protection patent for India <- Next -> pharmaceuticals demanded India to meet its obligations. TRIPS and the other through a series of amendments to the Patent Law led to the adoption of the (modified) Patents Act, 2005. Other effects changes of 2005, the number of patent applications in India pharmaceuticals has risen steadily. The total number of patents granted in India has increased from 1,911 in 2004-05 to 4,320 in 2005-06. Since 2005, about 33% of all patent applications filed in India was <- Next -> to chemicals and drugs, and five of the top patent applicants in ten Indian pharmaceutical companies are national, in addition, new protections for drugs and other protections provided by the 2005 amendments. the increase in foreign direct investment (FDI) in the Indian pharmaceutical industry.
However, despite the apparent turnaround reflected in the 2005 amendments, these amendments were not uniformly provide patent protection for all pharmaceutical products <- Next ->. innovation in India, however, the 2005 amendments obstacle to patent protection for new forms or new uses of known pharmaceutical substances do not produce “strengthening the effectiveness of the substance known. “
Section 3 (d) of the Act of 2005 added to the list of non-patentable subject matter, new forms and new uses of known substances. Section 3 (d) , expressly provides:the mere discovery of a new form of a substance that is known <- Next -> no result in improving the effectiveness of such a known substance or mere use of a known process, machine or device or process results in process Search for a new product called, can not be regarded as the invention, under the law “.
This provision of law, it is obvious that under Indian law, innovation, incremental innovations are not taken into account and therefore not patentable. It creates a bar to differentiate from the invention of the discovery. The <- Next -> patent applications that can not cross the bar are treated as “trivial changes who are not eligible for patents, however, due to research requirements, the pharmaceutical industry of India. Suffer dramatically. Currently, the Indian patent law does not patent a new drug if it is not significantly different and more effective than the current. The government does not allow patents for incremental innovations, which is an accumulation of an existing variety of innovation in medicine. This <- Next -> restriction affects the patients, because drugs do not improve and the original patent holders have a monopoly on the search for drugs due to lack of competition in the market, selling drugs tested at very high prices. Due to restrictionsexamined the technological advance of India fell as investors are forced to focus on radical innovations that require a research and development investment with a significant amount. Although <- Next -> radical innovations are important, are rare in the medical field than in any other field of technology. Incremental innovations take many forms, be considered to improve patient compliance through a single dose instead of multiple doses, indications or new drug delivery systems, etc. All these inventions require substantial research and development investment. Taking abundance rating of Indian scientific manpower and technology, the real strength of India lies in the search for incremental innovations that have a <- Next -> low compliance rate uncertainty to radical innovations. Web incremental innovations may have the following benefits:
Improving the quality of products (in this context, drugs) Development of inadequate treatment for diseases prevalent in India for which drug discovery is currently limited or otherwise.. The increase in the probability that for each therapeutic class, there is a patient who wants a répondre.Développement Indian R & D capacity and expertise <- Next -> the Indian pharmaceutical companies. reduction health costs and other in India because of the quality of medicines and improve access to medicine sélection.Amélioration because of price competition.
Section 3 (d) is a sharp contrast with most other world does not exclude the patentability of incremental innovations. limiting patentable subject matter to which incremental innovations in pharmaceutical inventor can demonstrate significant therapeutic <- Next -> improvement compared to a known drug substance, section 3 (d) excludes from patentability, the vast majority of Other useful pharmaceutical innovations. Therefore, this provision of law not only acts as a barrier to innovation for our scientists, but it has a negative impact on public health.
reform of patent law for more benefits of pharmaceutical innovations:Section 3 (d), the vast majority of the <- next page -> incremental pharmaceutical innovations – including those currently being developed by Indian pharmaceutical companies to patent abroad, are eligible for patents. It ‘obvious that the market section 3 (d) of the Patent Act should be reformed to provide protection to Indian pharmaceutical companies and prevent a single company to have a monopoly on a product
particular. The main reason behind
Section 3 (d) is the fear that the patent protection for <- Next -> favor incremental innovations will evergreening patent, “ (that is, attempt to circumvent the patent expires in a drug seeking patent coverage for additional changes to the product) and an increase in drug prices or reduce access to medicines for patients on the Indians. L ‘patent problem become greener can be adequately addressed through the rigorous application of the requirements of novelty and nonobviousness attempts to circumvent the patent expires. <- Next -> to a drug seeking to expand patent coverage on the basis of changes in non-fiction, trivial or obvious otherwise be avoided with a powerful application of the requirements that the claimed invention is novel and not obvious to be patentable. thus perpetuating the patent is treated in other countries and according to international practice will only help the Indian industry. Speaking of patents always greener on the rules of the novelty and nonobviousness, rather than section 3 (d) will be <- Next ->. ensure that incremental innovations are encouraged and rewarded truly inventive, changes or uses are not prohibited inventive / p> In addition, the deletion of Article 3 (d) does not cause an increase in drug prices or reduce access to medicines in India. Instead, increase price competition, increasing the number of existing drugs in the same class, thus, contribute to the overall reduction in drug prices, especially in a competitive market research <- Next ->. such as India, also the prices of medicines Control Order 1995, the National Pharmaceutical Pricing Authority sets ceilings on the prices of essential drugs. These features of the policy of the economic health of India and to provide a more effective response to concerns about drug prices and access to the drugs examined in the report. Article 3 (d)
Conclusion:Finally, I would add that India is ready <- Next -> become the main hub of global innovation and Indian pharmaceutical companies are at the heart of this process. Provide incentives for incremental innovation pharmaceutical can go ahead and India to encourage the development of drugs to meet patients’ Indians. Thus, the reform of Article 3 (d) to the Indian patent law will have on the country one step closer to the cutting edge of technology in India of the future.
