Product Patent vs. Process Patent, Protection of right to Ipr and right to life in India (pharmaceutical industry)

Registration ID: IJNRD_201419

Published ID: IJNRD2307150

: http://doi.one/10.1729/Journal.35189

Victoria Thakur

LEGAL, PHARMACEUTICAL, PATENT

Among all the assets found under intellectual property rights, patents tend to be extensively sought by inventors and industries. This is because it gives them the right to prevent others from using, manufacturing, or even making a product by a similar technique. The patent right has been given the first position in the most developed countries, benefiting the pharmaceutical industry. For instance, their patent regime in India has been significant for the generic drug industry's development, enhancing the availability and production of critical drugs at affordable prices. A product patent is intended to protect an investor’s product. This is facilitated by providing a safeguard to the original innovator to ease competition toward a similar product. Whereas, a process patent is primarily used to protect the procedures via which one produces the product and not the product itself. This kind of protection helps in reducing the monopoly element within the market. Therefore, as India practices intellectual property rights laws, all its members must change their patent to product from the patent process. The point remains to find out what is unique about a product patent that is not within a process patent. Under the product patent, exclusive rights are provided to the original innovator of the product. Its attributes include; the provision of monopoly rights to the product's creator. They are termed to be at a high level of protection compared to process patents, where its grant depicts that no person apart from the innovator has the mandate to manufacture a similar product by utilizing a similar process. Unlike in process patents, where the process regime is offered to only a specific process but not the final product. It differs from the product patent because another manufacturer can create a similar product using a different process, it provides a lower range of investor protection, and a single product can have multiple process patents. Therefore, the development of the pharmaceutical industry has emerged due to a regime connected to patents that have positively impacted India. The country acts as the leading medicine supplier to developing countries, making it known as a doctor with no borders. Earlier Indian pharmaceutical industries were using process patents where different industries would produce generic drugs on massive levels, facilitating access to developing and underdeveloped countries. Thus, introducing product patent laws meant that Indian pharmaceutical industries would not manufacture medicines through reverse engineering until the patent became in use. This study aims to add to the existing knowledge on the difference between product and process patents. And so,, to achieve the aim of the study, secondary research was carried out by reviewing existing literature from journals, articles, and even scholarly works to provide evidence. Inclusion and exclusion criteria were adopted to decide what articles to include in the study.

Published Paper   E-Certificate

Victoria Thakur (July-2023). Product Patent vs. Process Patent, Protection of right to Ipr and right to life in India (pharmaceutical industry) . INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT, 8(7), b440-b446. http://doi.one/10.1729/Journal.35189

Volume 8 Issue 7, July-2023

Pages : b440-b446

Paper Reg. ID: IJNRD_201419

Published Paper Id: IJNRD2307150

Downloads: 000122255

Research Area: Other

Author Type: Indian Author

Country: Noida, Uttar Pradesh, India

Published Paper PDF: https://ijnrd.org/papers/IJNRD2307150.pdf

Published Paper URL: https://ijnrd.org/viewpaperforall?paper=IJNRD2307150

Crossref DOI: http://doi.one/10.1729/Journal.35189

Journal Name: INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT(IJNRD)

UGC CARE JOURNAL PUBLICATION | ISSN: 2456-4184 | IMPACT FACTOR: 8.76 Calculated By Google Scholar | ESTD YEAR: 2016

An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.76 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator

Publisher: IJNRD (IJ Publication) Janvi Wave | IJNRD.ORG | IJNRD.COM | IJPUB.ORG

© 2025 — Authors hold the copyright of this article. This work is licensed under a Creative Commons Attribution 4.0 International License. and The Open Definition.

You are free to share, adapt, and redistribute the material, provided proper credit is given to the original author. 🛡️ Disclaimer: The content, data, and findings in this article are based on the authors’ research and have been peer-reviewed for academic purposes only. Readers are advised to verify all information before practical or commercial use. The journal and its editorial board are not liable for any errors, losses, or consequences arising from its use.

Call For Paper - Volume 10 | Issue 12 | December 2025

IJNRD is a Scholarly Open Access, Peer-Reviewed, Refereed, and UGC CARE Journal Publication with a High Impact Factor of 8.76 (calculated by Google Scholar & Semantic Scholar | AI-Powered Research Tool). It is a Multidisciplinary, Monthly, Low-Cost, and Transparent Peer Review Journal Publication that adheres to the UGC CARE 2025 Peer-Reviewed Journal Policy and aligns with Scopus Journal Publication standards to ensure the highest level of research quality and credibility.

IJNRD offers comprehensive Journal Publication Services including indexing in all major databases and metadata repositories, Digital Object Identifier (Crossref DOI) assignment for each published article with additional fees, citation generation tools, and full Open Access visibility to enhance global research reach and citation impact.

The INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT (IJNRD) aims to advance applied, theoretical, and experimental research across diverse academic and professional fields. The journal promotes global knowledge exchange among researchers, developers, academicians, engineers, and practitioners, serving as a trusted platform for innovative, peer-reviewed journal publication and scientific collaboration.

Indexing Coverage: Google Scholar, SSRN, ResearcherID-Publons, Semantic Scholar (AI-Powered Research Tool), Microsoft Academic, Academia.edu, arXiv.org, ResearchGate, CiteSeerX, ResearcherID (Thomson Reuters), Mendeley, DocStoc, ISSUU, Scribd, and many other recognized academic repositories.

How to submit the paper?

By Our website

Click Here to Submit Paper Online

By Mail

Send your paper to editor@ijnrd.org

You can now publish your research in IJNRD. IJNRD is a Transparent Peer-Reviewed Open Access Journal Publication (Refereed Journal), aligning with New UGC and UGC CARE recommendations.

For more details, refer to the official notice: UGC Public Notice

Submit Paper Online

Important Dates for Current issue

Paper Submission Open For: December 2025

Current Issue: Volume 10 | Issue 12 | December 2025

Impact Factor: 8.76

Last Date for Paper Submission: Till 31-Dec-2025

Notification of Review Result: Within 1-2 Days after Submitting paper.

Publication of Paper: Within 01-02 Days after Submititng documents.

Frequency: Monthly (12 issue Annually).

Journal Type: IJNRD is an International Peer-reviewed, Refereed, and Open Access Journal with Transparent Peer Review as per the new UGC CARE 2025 guidelines, offering low-cost multidisciplinary publication with Crossref DOI and global indexing.

Subject Category: Research Area

Call for Paper: More Details

Approval, Licenses and Indexing: More Details