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.


Asked on 9/15/07, 9:47 am

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

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.

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Answered on 9/15/07, 12:12 pm


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