Patent Protection and Green Chemistry Innovation
A great deal of innovation is required to discover and develop a new drug, and a great deal more is needed to develop products and processes that merit the “green chemistry” label. Not all of that innovation is patentable, however. To be awarded a patent, an invention must meet the criteria set out in the patent laws. Although patent laws vary by country, they typically share many common principles. This chapter focuses on the patent laws of the United States of America. It begins with a summary of patentability criteria. It then describes some examples of patents covering inventions in the field of green pharmaceutical chemistry. The chapter next describes a few pertinent case law examples. Finally, the chapter sets out some considerations on patent strategy for inventions involving green chemistry in the pharmaceutical field.