Legal Question in Intellectual Property in Texas

Re: New indication for old drug

I can help you on this.

I am a patent attorney, and my Dad, brother and sister are all MDs.

The first step is to get an experienced patent attorney and have a professional patent search done with patentability opinion. That will give you something on which you can rely, something to which the pharmaceutical company will give credence, and something that will be vital to the preparation of a good patent application. Also, the search may turn up prior art that informs you to drop the project before plowing a bunch of money into it. The search & opinion should cost you about $600-$800, depending on complexity of technology involved.

Next step, if the search results look good, is to file a patent application. Depending on how firm the concept is, you may file a regular patent application or a provisional patent application. In your case I would guess a provisional patent application is the best strategy.

Next, you want to determine what FDA considerations are involved, as that has a major effect on timing and timing affects your legal strategy and marketing strategy. It also impacts your cost of development.

Next, you publicize efficacy to get people talking about it to the manufacturer to develop their interest.

Only after all that are you ready to approach the manufacturer with any probability of success. Better yet is if you can get them to approach you.

Check my website, www.burdlaw.com and you will see this is my area of expertise. I look forward to hearing further from you. This sounds quite interesting.