Key Points in Acquiring Patents in the Chemical Field
In the field of chemistry, the following points need to be noted in comparison with other technical fields
At our office, our professional engineers (chemical department) are experts in the chemical field, including inorganic chemistry, organic chemistry, polymer chemistry, analytical chemistry, physical chemistry, quantum chemistry, industrial chemistry, and chemical engineering.
Therefore, we use our specialized knowledge to clarify the client’s invention and create a patented invention that cannot be imitated by other companies.
When obtaining a patent for a chemically synthesized new substance, chemical formulas and chemical structural formulas are usually used. By specifying the new substance by its chemical formula and chemical structural formula, it is possible to determine whether it is an infringing product by analyzing the substance of another company’s product.
To identify a new substance, we examine and extract the characteristics of the new substance from the substituents (hydroxyl group, carboxyl group, ester group, ether group, amino group, etc.) of the compound.
New substances are usually of one type, but due to the relationship between examples and comparative examples, it is necessary to prepare specifications so as not to violate support requirements and enablement requirements.
In addition, it is necessary to describe the usual chemical method such as elemental analysis as a method to identify the new substance in the specification.
Even with substances that have existed so far, there are cases where new effects can be produced by mixing and combining multiple substances. Even such novel mixtures can be patented. In a new mixture, it is possible to determine whether or not it is an infringing product by specifying the substances as constituent elements and analyzing the substances of other companies’ products.
To identify a new mixture, we will examine and extract the characteristics of the new mixture from the versatility of the constituent substances, the mixing ratio, and the physical properties of the new mixture.
Even for new mixtures, it is necessary to prepare the specification so as to properly describe working examples and comparative examples and not to violate support requirements and enablement requirements.
numerical limitation invention
Even if the constituent elements of a mixture are known, new effects may be produced by limiting the mixing ratio and physical properties of each constituent element. It is possible to obtain a patent even for such numerically limited inventions.
With numerical limitation inventions, it is possible to determine whether or not the product is an infringing product by properly specifying the mixing ratio and physical properties of each constituent element and analyzing the substance of the other company’s product.
To identify a numerical limitation invention, the characteristics of the numerical limitation invention are examined and extracted from the mixing ratio and physical properties of each constituent element.
In numerical limitation inventions, it is particularly important to be able to experimentally confirm the mixing ratio and physical properties of each constituent element.
In the field of chemistry, it is sometimes discovered that even a known substance has properties (effects) that are different from conventionally known properties. Even such inventions can be patented by combining substance and use.
In a use invention, the substance to be used is known, so it is possible to obtain patentability by appropriately combining the uses. Even with other companies’ products, it is possible to determine whether or not they are infringing products by analyzing the usage label.
To identify a use invention, examine and extract the features of the use invention, such as how a known substance is used to exhibit the function and effect of the use.
For use inventions, it is particularly necessary to appropriately describe examples and comparative examples that clearly show the effect of the use, and to prepare the specification so as not to violate support requirements and enablement requirements.
A product-by-process invention is an invention that identifies a thing (product) by its manufacturing method (process). In the field of chemistry, it may not be possible to identify a substance by its structure.
Even in such cases, it is possible to obtain a patent by identifying the manufacturing method. In product-by-process inventions, rights are granted by focusing on the manufacturing method, so if the manufacturing method of another company’s product can be easily identified, it is possible to determine whether the product is an infringing product.
In product-by-process invention, we examine and extract the characteristics of the manufacturing method while considering whether the manufacturing method of other companies’ products can be confirmed.
For product-by-process inventions, examples and comparative examples should be properly described so that the effects caused by the manufacturing method can be clearly understood. need to do it.
Even if the composition of a substance is easily conceived, it is possible to obtain a patent for that substance if the advantageous effect compared with the cited invention is remarkable beyond the scope expected from the state of the art.
There are two types of remarkable effects, i.e., (1) effects that are different from those of the cited invention, and (2) effects (effects that a person skilled in the art cannot predict from the state of the art at the time of filing) that are the same but are outstanding.
In the case of obtaining a right by using a remarkable effect, we will thoroughly examine and extract the composition and effect of the substance.