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[NovaNew]

I have an idea concerning a medication (already FDA approved for a certain condition) that I believe can be used for another condition. I do not own nor do I know the individuals who own the rights to that medication. That company has not included information about treating my condition in question in their patent filed. Can I patent my idea?

Sorry, I am new to ALL concepts concerning patents, so please excuse my ignorance.

Thanks.

[bartmans]

In short: yes, a second medical indication can be patented (if novel and non-obvious).

But as you will probably know, it takes a lot of effort and costs to develop a drug, even for a second indication, and to get it on the market. Further, the patent on the medical compound itself will be dominating your patent, meaning that you can not market your drug without infringing this first patent (if still pending).

[orangequant]

In short: yes, a second medical indication can be patented (if novel and non-obvious).

But as you will probably know, it takes a lot of effort and costs to develop a drug, even for a second indication, and to get it on the market. Further, the patent on the medical compound itself will be dominating your patent, meaning that you can not market your drug without infringing this first patent (if still pending).

wow, that is really good info- thanks-- that's why i come here!

[Yak]

Another caveat is that some doctors use medications in non-prescribed ways to treat other conditions.  You may have a difficult time determining first use of a particular medication for your particular condition.  A few years back I worked on discovery for a large tort lawsuit where this type of non-prescribed use was an issue. 

[orangequant]

Another caveat is that some doctors use medications in non-prescribed ways to treat other conditions.  You may have a difficult time determining first use of a particular medication for your particular condition.  A few years back I worked on discovery for a large tort lawsuit where this type of non-prescribed use was an issue. 

aggghh, credibility mess, since nobody could subpoena patients or records-- so i guess it all turned on journal articles? btw, did clients pay for lawyers' prozac scrips?
 

[NovaNew]

So, do I have to contact the small pharmaceutical company that has the patent for disease X to let them know it can be used for disease Y?

Or can I file a patent (or other means of protecting this idea) of THEIR medicine for disease Y myself?

Sorry for my lack of knowledge and terminology in this subject. Basically, I want to protect my idea that disease Y can be treated by a medicine already FDA approved for disease X. I will first have to put it through clinical trials though, but wanted to protect this idea before I proceed.

Thank you for your help!

[bartmans]

You certainly can patent the use of THEIR medicine for disease Y yourself. I would only contact the pharmaceutical company after you filed a patent application.

However, you will need at least some experimental evidence (e.g. in vitro tests or tests on animals) that the medicine is (will be) effective in the treatment of disease Y.
Further, it should not be obvious from knowing that the medicine which is know to treat disease X also could treat disease Y.

I suggest that you consult an independent patent attorney or agent and discuss the requirements for patenting in your specific case.

Regards.

[NovaNew]

Thank you for your gracious input! My question is that without evidence (clinical trials) getting a patent may be an issue, but I cannot use the drug on disease Y without the company's approval, right? So am I between a rock and a hard place? Any way to get around this?

[NovaNew]

Any ideas? Thanks.

[George White]

I assume there are very many technical and ethical issues involved in testing a drug for a new purpose but I do not see that getting approval from the maker of the drug is one of them as long as you can get your hands on the drug.

--George