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Is it Patentable?
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   Method of treatment claims
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   Author  Topic: Method of treatment claims  (Read 386 times)
bluesky
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Method of treatment claims
« on: Aug 18th, 2006, 1:00pm »
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Thanks Wiscagent for your reply yesterday.  I have one other question for the board.    
 
Assume this situation.  Company A has a patent on a class of compounds.
 
Company B finds a new method of use/treatment with a subgenus of said compounds, but likely cannot get a patent directed to the composition of the subgenus.
 
My question is: practically, is there a substantial value in obtaining a patent directed to the novel method of treatment?  
 
I would think you would be able to drive a cross-license agreement and/or be able to force others interested in the compounds for the new application to take licenses from both company A and company B, but it is generally worth the expense of clinical trials, prosecution, negotiation, etc.  
 
Any feedback would be appreciated.
 
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