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[alconada]

Let's assume that a product X is well-known for the treatment for disease Y.

My client now finds that the effect of X on the disease Y is caused by inhibiting enzyme Z.

Will any of the following claim succeed before the USPTO:

1.- Method for inhibiting enzyme Z by administering X to a patient.

2.- Use of X for the preparation of a medicament for inhibiting Z.

Thanks a lot.

[MattB]

Not unless the inhibition of enzyme Z has other effects than the treatment of Y.

[patent_type]

Even then you're gonna have trouble.  

Did the client actually *make* anything new?  Doesn't sound like it.  ("Anything under the sun made by man")

Sounds to me like X was well-known for the treatment of Y.  So use of X to treat Y ain't patentable.  If there is some way to show that enzyme Z is not *always* inhibited by X, that could provide a protectable pathway.  What if Z is *only* inhibited if X is used in with Q?  Then possibly the combination of X and Q could be patentable, or even a method for inhibiting Z by administering X if the client does something so that X *always* inhibits Z if that is not inherent in X.  

From the hypo, inhibition of Z is inherent by the use of X and the client is SOL.

YMMV, NTTAWWT, QWERTY, FWIW, etc.

[DJoshEsq]

it is known that objects fall and your client found out that is caused by gravity.  Your client can't patent gravity.  

Look for other results of inhibiting Z and even then you are walking a fine line.  You should consult a patent attorney (if you aren't one) because you seem lost!