In the top 100, most expensive inventions of the country listed herbicide from Bayer Corporation. The cost of his patent was $ 22.7 million. The production of plant protection products (CWR) requires an integrated approach, including research, testing, and promotion of the product. Therefore, chemical companies are interested in excluding any intellectual piracy on their products.
How a patent is issued for the production of plant protection products
Making a patent for an object of intellectual property is a typical situation for most countries. In Ukraine, this area is still underdeveloped, but many manufacturers are faced with the need to protect developments. First of all, world-renowned chemical corporations, such as Bayer, Syngenta, and BASF, are interested in a clear legal basis for their products. Patents and domestic companies that have their own production of plant protection products.
According to the data, about 40-50% of the documents that were registered in the patent database are related to the chemical industry.
To protect the production of plant protection products, register a patent on the active substance. This approach allows the developer to ensure the investment from the loss, as well as to return the finances that went to create the funds. In addition, the company has a monopoly on the use of this substance. Issued a document for 20 years. In case the use of the drug should be coordinated with state authorities, the patent is extended for another 5 years. After this period, the developer loses an exclusive on the active substance, and it can be used by other companies.
To obtain a patent, you must pass a special examination, which examines the product on several criteria:
● the novelty of development;
● inventive step;
● industrial applicability.
If at least one of the criteria does not meet the standards, the patent is not issued.
The state system of protection of intellectual rights supports international standards. Producers of plant protection products receive a reliable legal framework that excludes the possibility of theft of intellectual property. If such situations arise, they are decided in court.
The main problems in the field of rights to develop plant protection products is the violation of patents for active substances. This happens because of unscrupulous entrepreneurs who import products from China or India. The effect of these drugs has not been studied, they can be dangerous to people, plants and soil. In addition, there is a violation of already registered patents. According to some data, counterfeit plant protection products make up from 20 to 40% of the entire market.
To this end, large corporations are trying to control the market in order to timely detect “pirated” drugs. They conduct an NWR analysis. If a patent is registered on an active substance or a product itself, the developer has the right to demand a ban on the sale of the drug in court.