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[shero]

I would like to exemplify my problem;
my molecule was approved by FDA on 01.01.2008(which means that it is now described in a publication and open for public)

on 01.09.2008, the originator firm of the drug applied for an US or EP patent that binding original formulation (which means that it is very critical for us)

the question is that whether or not said FDA publication is a prior art for said patent?

thanks for your time

[Isaac]

I would like to exemplify my problem;
my molecule was approved by FDA on 01.01.2008(which means that it is now described in a publication and open for public)

The publication might be prior art, but how useful the art is in invalidating the patent depends on what is in the publication.

Is it possible that the new application claims priority to something filed prior to publication?  I cannot imagine a sophisticated company making this type of error.  It would not affect that US application because of the 1 year grace period, but there is no grace period in European countries.

[OMG IP]

Without knowing more, I would agree with Isaac here.  Anything known in the public prior to filing in EP will be a problem.

[Ghoti]

I don't know the specific law here but I belive that FDA disclosures are treated differently than other prior art disclosures so you should look into that aspect, as you may still be okay.