3
votes
Accepted
How are patents to "a second medical use" enforced?
European Patents may indeed protect products for a second medical use. The Guidelines explicitly state "known products" for second (or further) medical use. The patent is granted depending ...
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2
votes
Accepted
Can separate patents be awarded for different delivery mechanisms for the same drug?
Yes, if the structure and/or method of each is novel and non-obvious. Frequently a slow-release version is patented separately. Or they could be two distinct claims in a single granted patent.
- 30.8k
2
votes
When filing the patent about a repurposed compound, how different must the new application context be?
First, being precise, the compound - as a compound - once patented or published is no longer new and can't be patented "in a new context" in the U.S., however it can be patented in Europe ...
- 30.8k
1
vote
In practice, how often do U.S. pharmaceutical companies start clinical trials before obtaining their patent from the USPTO?
In practice, how often do U.S. pharmaceutical companies start clinical
trials before obtaining their patent from the USPTO?
I'm not an expert at this, but I think the answer is companies pretty much ...
- 11.7k
1
vote
Why do pharmaceutical patents needs to list other drugs the patented drug could be combined with?
Why exhaustively list combinations for a drug?
It could be to prevent others from patenting these combinations, or to establish that they thought of these combinations first.
Background:
To be ...
1
vote
Accepted
References for making patents for pharmaceutical drugs in the U.S
You may want to check out ANDA Litigation at https://www.amazon.com/ANDA-Litigation-Strategies-Pharmaceutical-Litigators/dp/1634254589
Yes, the book is expensive, but it's also exhaustive. It talks a ...
1
vote
Drug patents: Is some proof of therapeutic use required before patenting?
I am European-based so I will talk only for Europe. But I do know that US is more free than Europe, so most likely the same goes for US, perhaps with different claim formulation.
In Europe (EPO ...
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1
vote
Accepted
Drug patents: Is some proof of therapeutic use required before patenting?
Pharmaceutical patents are not my area, and it's very specialized in that patent attorneys in working in the field tend to have related PhDs. Therefore, this answer will be evolving as I learn more. ...
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