Question

Differentiate between product patents and process patents. (Pharmaceutical Jurisprudence)

Answer 1

The product patent is an exclusive right given to the original inventor of the product. To that end, no other manufacturer can provide the same product from there forth. The salient features of this patent are as follows:

1. After the patent, there is no competitor left for the producer as the product is patented.

2. It provides a higher level of protection than the process patent.

Now, let us look into process patent

The process patent is granted for the manufacturing process of a product, but not the product itself. To that end, any other person can use different process to get to the same product. It has following implications:

1. There can be more than one producer of the product if the process that they are using for production is different.

2. The inventor of the product does not have a firm protection

3. There is no element of monopoly in regards to product (the product manufacturing is not exclusive to one company)