What Is a Composition Patent?
A composition patent refers to a pharmaceutical patent that protects a composition of matter. The U.S. Patent Office (USPTO) places this type of patent under the category of “utility patents.”
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Identification
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The claims of a composition patent specifically describe the chemical and molecular structure of the new matter. This contrasts from intellectual property, which describes methods and designs.
Considerations
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Molecular structures that exist in nature, untouched by human chemical manipulation, are not patentable even if newly discovered, according to the USPTO.
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Length of Protection
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A composition patent provides 20-year protection to the inventor or to the company who owns the patent.
Advantage
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The USPTO validates composition claims more easily because the specific description of the matter delineates clear boundaries to the intellectual property, as stated by George Zalepa, patent examiner for the USPTO.
Disadvantage
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When a claim is narrow, such as a composition claim, other inventors may file intellectual property that rides on the composition patent. Hence, filing a group of patents that cover composition and methods protects the original inventor best.
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References
Resources
- Book: "Patent It Yourself"; David Pressman, J.D.; 2009
- Law Review, UC Davis: "Maintaining Competition ...; Oskar Liivk; . Vol 41; (.pdf)
