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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 on whether the further medical use is inventive over the prior art, because obviously the product itself is not. The reason behind all this is that protection of ...


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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.


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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 for new therapeutic use.. A new method involving its use could be patented, in the U.S. However, note that in many places (EPO) methods of treatment are not ...


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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 never start a clinical trial before applying for a patent. You need to disclose (publish) quite a lot of technical description about the drug to get a clinical ...


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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 patentable, an invention must be novel, useful, and not obvious (sorry for yelling). By literally writing out the drugs that the compound can be used for, the ...


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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 lot about the requirements for patenting pharmaceutical combination drugs. As for evaluating the quality of a patent, there's two ways 1) prosecute and ...


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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. At a high-level, my understanding is that what is being patented are methods of production, delivery, or chemical composition of medicines, but absolute proof ...


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The short answer is Yes. Patents are national rights. If there is no patent in the other country, there is no restriction on the product there. However, you could not import the product to a country (such as USA in this case)where there is a patent in force.


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