dear all,
I have found some new potent pharmacological activity for existing molecule than existing standard drug. is it possible to file patent. if so, what are the countries accepting such type of filing other than USA.
Hi
It is possible to file an application for a second medical use for a known compound. But this is protected differently in different countries. In USA and Australia, you can patent the new method of treatment itself, but in most countries like Europe you need to protect the invention as a second medical use.
The best is to find a patent professional to help you draft and file this type of application.
Hi
It is possible to file an application for a second medical use for a known compound. But this is protected differently in different countries. In USA and Australia, you can patent the new method of treatment itself, but in most countries like Europe you need to protect the invention as a second medical use.
The best is to find a patent professional to help you draft and file this type of application.
While the format of the claims on a new use differ between the U.S. and Europe, you generally can get protection for a new, nonobvious use of a known molecule or drug in most of the world. The value of those claims might not be very high if the molecule already is being used as a drug and the patent on the molecule itself and it's current use is about to expire. A generic manufacturer can't market it for the new use, but the generic will be substituted for it.
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