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Re: Pharmaceutical Patents Question - dont understand some terms[ Follow Ups ] [ Post Followup ] [ Patent Forum ] [ FAQ ] Posted by Kalim Fuzail on November 10, 2003 at 12:44:23: In Reply to: Pharmaceutical Patents Question - dont understand some terms posted by James on July 31, 2003 at 21:33:13: : I came across some terms recently and was wondering if anyone could define them: : Treatment of use patent : If you could link to a page which defines these that would be cool too. Thanks in advance for your help! : I think early and late stage patents mean like, early stage patents are applied for early on in the development process, after a compound is discovered etc... and late stage are like for when the company adds a new indication or dosage or something after the drug has been out a while. Would appreciate confirmation/negation of this. Thank you. Dear James: Please note that my response should not be construed as offering legal advise or counsel to you, nor establishing an attorney-client relationship. As for the term "Treatment of use patent," I have never heard of this term. Usually, in the pharmaceutical industry we file patents claiming, among other things, (1) compounds, (2) pharmaceutical compositions comprising said compounds, and (3) methods of treating various diseases and/or disorders by administering to a subject said compositions. The third type is what we refer to as the "Method of use patent". Sometimes another party has already claimed the use of compound X for the treatment of hypertension. Then, if you have discovered that that compound re-grows hair, then you can try and claim this new use, i.e., a method of re-growing hair by the application of compound X. It could be that the term "Treatment of use patent" is refering to patents having Swiss-style claims. Outside the United States, often method of use claims are not allowed. Therefore, we have claims such as, "use of a pharmaceutical composition for the treament of such disease or disorder". Again, I personally have never heard of "Treatment of use patents." As for "Early stage patent" and "Late stage patent" this maybe refering to the stages in the life cycle of a product. In the earlier stages, one focuses more on claiming the compounds, salts thereof and/or crystal forms of same. In the later stages one focuses mostly on new formulations such as extended release formulations. These formulations may be advantageous in that they requiring once daily dosing rather that two or three times per day. Hope this helps.
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