What is the difference between a product and a patent for the process?
Canada (Federal), Canada
The following excerpt is from Bayer Schering Pharma Aktiengesellschaft v. Canada (Attorney General), 2009 FC 1249 (CanLII):
It is trite law that different types of claims exist in the pharmaceutical industry, namely product claims and process claims. Once a patent is obtained for a substance per se, no additional protection may be obtained for the same substance. However, as noted in Aventis v. Mayne at paragraph 76, it is possible to obtain a patent for the process by which the substance is made, independently of the patent on the substance per se. This type of patent is a valid patent and does not extend the statutory monopoly of the patent on the substance per se.
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