Can FDA-approved drugs be used in other disease setting?

15 December 2020 1 2K Report

Hi Everyone,

I'm exploring the anti-tumor effect of some drugs. I'd like to test some FDA-approved drugs which are not used to treat cancer. My question is, if there is any anti-tumor effect for some FDA-approved drugs, can I apply a patent for its use in cancer treatment? Is it profitable?

Thanks!!

Tomasz Grabowski

Hi,

You must be sure that the current patents for the drug will allow you to do so. You need to check very carefully whether the scope of patents and restrictions created so far has any gaps that will allow you to do so. Besides, you would also have to prove such an effect of the drug. Many companies have taken advantage of the patent gaps of well-known drugs. Sometimes, however, one drug can protect hundreds of related patents (patents families), and therefore it is very difficult ( drug repurposing, drug repositioning, profiling, re-tasking ). See below some references:

Article What patents tell us about drug repurposing for cancer: A la...

Article Patenting of University and Non-University Public Research O...

https://pubmed.ncbi.nlm.nih.gov/26241211/

https://www.patentdocs.org/2018/09/patenting-repurposed-drugs.html

https://www.pharmafocusasia.com/strategy/new-patents-old-drugs

https://www.wipo.int/wipo_magazine/en/2020/02/article_0004.html

https://www.jdsupra.com/legalnews/why-method-of-treatment-patents-for-92813/

https://www.liebertpub.com/doi/abs/10.1089/adt.2020.974?journalCode=adt

Best regards

Tomasz

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