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« Finding Nemo's Genome | Main | E. I. du Pont de Nemours & Co. v. Synvina C.V. (Fed. Cir. 2018) »

September 18, 2018

Comments

John,

A very thoughtful and accurate pharma patenting presentation.
Thank you.

May I echo these sentiments.

I remember hearing the question asked during UK litigation: which is more valuable for mankind - a new drug or a repurposed old drug? The answer, self-evidently is the repurposed drug since the way it is metabolized is known, as is its safety profile. Patients' bodies are not insulted by a wholly new substance but receive a familiar compound whose properties are known.

In Europe, as in the US, what is critical is evidence, gathered before filing and included in the specification. With appropriate evidence second medical use claims in Europe, as in the US, have a good chance of being held valid.

One thing that is needed is education of the medical and veterinary professions about the potential of patents for repurposed materials so that they are on the lookout for opportunities. Absent such education, papers will be published in the medical journals before patents are taken out and the opportunity for patent protection will be lost. Given the large investment in proving effectiveness in patient trials, the repurposed drug may never see the light of day.

John,
This is a very well-written and thoughtful piece. I have circulated it around to my interns and some clients, because it presents so much basic information in an understandable manner.
Anthony

very useful for many repurposed drugs recently introduced in US market for orphan indications
Dr S.P.Kurani

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