I have invented a medicine for a very popular skin disease. After some googling I learned that there is not a known cure. This medicine is made from extraction of a chemical change of a certain plants. Can this medicine be patented? If yes, is it wiser to patent it or make a contract with a pharmaceutical company?


Can this medicine be patented?

Yes. You have said your medicine is new. Given there is no current cure, the medicine is likely non-obvious too. Because of this, your medicine itself could likely be patented. In addition, if the method for producing it is also new and non-obvious (which is likely true for the same reasons), the method could also be patented.

Is it wiser to patent it or make a contract with a pharmaceutical company?

This is impossible to answer, as it depends on what your commercial situation is. Both options are valid and reasonable. You should almost certainly discuss this with a patent attorney.

One valid option is to apply for a patent yourself. The downside of this approach is that this would cost quite a bit of money, since patent attorneys are pricey. Although in principle you could do this without engaging a patent attorney, this would most likely result in a patent application that will never be granted.

Another valid option is to contact a pharmaceutical company before applying for a patent. However, if you disclosed it to the company out of confidence, this disclosure would likely prevent you getting a patent in the future. So you would likely need to have them sign a non-disclosure agreement before explaining your invention. This would likely need to be prepared by a lawyer.

  • Very nice explanation. I think contracting with a company could get very complicated from testing to production. Could there someone (an istitution, a company or a person) that is willing to invest in this product to get it patented? I did make a contact with a person that is distributing drugs in my country and he said that if it was efficient it could benworth billions?! And I have tested it with a 100% results – Xhevat Ziberi Jan 9 '16 at 13:14
  • There are investors who invest in medical products, however that is a bit beyond the scope of this site. Perhaps there is a business incubator in your city which can help? – Maca Jan 11 '16 at 11:13

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