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I have an Invention ... Now What?
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   Drug for a different use
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   Author  Topic: Drug for a different use  (Read 1509 times)
cjpress
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Drug for a different use
« on: Apr 14th, 2006, 8:33am »
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I think that I may have discovered that a drug already in the market for a specific use can also be effective to cure another disease.  It has worked on me so far. I still need to give it time to verify such claim. This drug is already sold in its generic version.  Could I file a patent or should I try to make a deal with one of the companies which make the drug since it is sold generic?  
 
Thank you.
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Isaac
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Re: Drug for a different use
« Reply #1 on: Apr 14th, 2006, 9:03am »
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How does the FDA feel about your new use?
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Isaac
cjpress
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Re: Drug for a different use
« Reply #2 on: Apr 14th, 2006, 10:08am »
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FDA has not been involved.  It happens that I believe that this drug is responsible for curing my desease since I am not taking any other medication.
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JimIvey
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  jamesdivey  
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Re: Drug for a different use
« Reply #3 on: Apr 20th, 2006, 8:36am »
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I think what Isaac is suggesting is that FDA approval would be required before any marketing of your new use for the known drug is permitted.  Or perhaps he's alluding to the fact that clinical trials may be required for patent protection (in effect, excluding all but the largest drug companies from obtaining patents on drugs).
 
The bottom line is that bringing a new drug to market or getting an existing drug approved for a new use is extremely resource intensive and is generally infeasible for all but very large companies -- not something an individual with limited resources can generally accomplish.
 
Regards.
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James D. Ivey
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Prakash
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Re: Drug for a different use
« Reply #4 on: Apr 27th, 2006, 11:34pm »
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I think you are referring to second medical use.  This is also called as swiss type of claims for patent. Some countries do not allow swiss type claims but many countries do.  
I think you still need to prove the drug is effective.  Also you need to know if the dosage you are taking is higher than the dosage of the drug for its first use.  If it is the same or even less, you may not have to do safety trials, but if it is higher dosage you also need to prove its dafety.
 
One question that arisses is how will be enforce this patent when people can buy the generic version?
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