Avrupa ve Amerika Patent Sistemlerinde, Farmasötik Nanoteknolojinin Patent Korunmasına Dair Kapsam ve Sınırlamalar

Abstract

One billionth of an object is called "nano". Pharmaceutical nanotechnology is a science used in the process of creating content based on tests and experiments of substances used in drug preparation, and it is used to express both the drug and the production method. In general, it comes into being in a multidisciplinary way, heading pharmacy, medicine, biology and chemistry, and other fields such as materials and physics. Pharmaceutical nanotechnology is one of the most innovative topics worldwide. Innovation, production, and economy are inseparable. A patent system has been established to protect this relationship. This study, first presented brief information about nanotechnology and pharmaceutical nanotechnology, after the US, Europe, and Turkey patent systems were examined. It has been understood that in all patent systems, surgical, therapeutic, and diagnostic methods applied to the human and animal body, except for the products, compositions, and materials used in these methods, cannot be patented. However, since pharmaceutical nanotechnology products that can be used in surgical, therapeutic, and diagnostic methods are exempted from this prohibition scope, their patents are eligible. Besides, there are some difficulties in the field of pharmaceutical nanotechnology in patent systems with its current form. The problems encountered were detailed in the thesis study, via conducting a trial in USPTO, EPO, and TÜRKPATENT databases, these problems were experienced, and solutions were offered.

Keywords Law, Pharmaceutical Nanotechnology, Patent, European Patent System, American Patent System.