Intellectual Property Forums - Claiming a pharmaceutical composition

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   I have an Invention ... Now What? (Moderators: Forum Admin, JimIvey, JSonnabend)
   Claiming a pharmaceutical composition

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Topic: Claiming a pharmaceutical composition (Read 5465 times)

smartchante
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Posts: 5

Re: Claiming a pharmaceutical composition
« Reply #5 on: Jun 11^th, 2007, 1:45pm »

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go to johnson and johnson website you can submit your info to them, thats if its patented...go to the investors link

on May 14^th, 2007, 12:10pm, bluesky wrote:

Quick ?

If one has a claim to a pharmaceutical composition comprising X. Generally, will such a claim be patentable over a reference disclosing simply a method for synthesizing X that does not teach or suggest its use as a pharmaceutical. Does anyone know of a case with similar basic facts? Thanks.

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ThinkPatent
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Posts: 21

Re: Claiming a pharmaceutical composition
« Reply #6 on: Jun 14^th, 2007, 2:03am »

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You can definitely patent a claim for pharmaceutical composition comprising X, despite of a known reference disclosing synthetic process for X. Technically when you file a patent application for pharmaceutical composition comprising X then such application is examined in specific patent classification related to the****utic medicament, and examiner would try figure out references which will closely relate to your pharmaceutical composition, not exactly related to X. If there are patent disclosures which disclose pharmaceutical compositions quite similar to your claimed composition only differing in active ingredient then it may hurt your inventive-step, especially if disclosed active ingredient and X have same the****utic properties.

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