Legal Question in Intellectual Property in Maryland
could I patent a generic drug?
Hello,
Could you patent a generic drug for a
novel method of use and make
money on it as a new drug? How
protect my IP?
I have identified a unique
mechanism of action leading to root
cause of the disease (rather than
treating symptoms as other drugs
go). We also said that this
mechanism is modulated (or
suppressed) by generic drug used to
treat cardiovascular disorder. The
patent for this drug expired in 2003.
To protect the intellectual properties
for a mechanism that could be
treated by a generic drug we think
that we should file a patent
application for a novel method of use
for a generic to treat neurological
disorder, and also give a brand new
name for it.
Does the IP weak in our case? What
to do to protect ourselves better and
make money on it? We can’t force
physicians to prescribe our
medication. How we could deal with
it? Could we for ex. instead of 5 mg
genetic we could suggest to take 6 or
7 mg?
I would appreciate any input. Thanks
a lot.
1 Answer from Attorneys
Re: could I patent a generic drug?
Novel uses of existing drugs are patentable. The extent to which such patents can be enforced to bar the unlicensed use of the product is questionable (particularly if off-label), but one FDA-approved it can at least generate royalties if a manufacturer wants to advertise that use, or the ability for you, if you manufacture or have it made for you, to market the product for that use and to preclude others from doing so.
Related Questions & Answers
-
Tm vs. sm what is the difference between a trademark and a service mark? Asked 10/14/06, 8:56 pm in United States Maryland Intellectual Property