Territorial limitation, patents

The territorial limitation. The patent provides a legal protection only within the frontiers of the state in which it is granted. 

A patent has a limited territorial effect and so it is desirable to seek patent protection in those territories where any product is to be made or sold and any process used. Various international treaties and conventions exist which facilitate the acquisition of patent protection in many countries (see below). 

The fundamental concept underlying patent protection is simple A patent allows its owner to prevent others from making commercial use of the patented invention without the owner s permission. The duration of this exclusive right is in general 20 years from the date of application. In the pharmaceutical field, an extension of up to 5 years is possible in many countries. For example in Europe, such an extension of the term is called a supplemental protection certificate and is granted on request, if the patent protects a medicament that is on the market. A patent is limited to the territory of the state granting said patent. 

Infringement liability is limited territorially. Patent infringement of a U.S. patent arises only when the patented invention is practiced in the United States. The manufacture, use, or sale of the patented invention outside the United States cannot be prohibited by the patent owner, except to the extent that the patent owner also holds a patent in each of the countries where the invention is practiced. 

These regions are also different from, for example, the ICH territories, in that the economic resources that can be deployed to healthcare and drug purchases are limited. Factors which commonly encourage investment in the West (availability of skilled manpower, strong patent protections, highly developed drug distribution systems, socialized medical systems, private medical systems and affluent populations) are typically absent here. Yet, there are many physicians in these countries who may fairly be described as being pharmaceutical physicians. How does their envir-... 

Patent protection is limited geographically. For the most part, a U.S. patent does not provide legal protection from, or prevent, an act occurring outside the United States (and its territories and possessions), although that same act would fall within the scope of patent protection if carried out in the United States (the one exception is discussed in Section 4). The same is generally true for other countries. Thus, a comprehensive patent strategy should take into account the possibility of obtaining patent protection in all countries where an invention will be exploited (i.e., sold, manufactured, or used). 

Although patents are territorial, i.e., they are granted by and enforced in individual countries, several international treaties have had a major impact on patent practice on a global scale. Although the lists of signatory countries are not identical for all treaties, essentially all major countries are signatories, except for the European Patent Convention (EPC), which is limited to European countries. 

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