Patenting takes place throughout the drug development cycle – as new compounds and formulations are developed. Preparing a patent can take between 24 hours and two months; progressing it to grant will take years. It can be extremely competitive, as more than one company may be seeking to patent similar inventions.
In the United States, there are three types of patents, all governed by the U.S. Patent and Trademark Office (USPTO): utility, design, and plant. Chemical patents can protect chemical compounds, compositions of matter, methods of making the chemical compound or composition, and methods of use.