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  1. #1
    Join Date
    Oct 2009
    Posts
    4

    Default Alternative Use of a Medication No Longer Under Patent

    My question is as follows:

    I have an idea for an alternative use for a medication already in existence. I would like to protect the specific indication which I would be using it for. Is this possible?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,037

    Default Re: Alternative Use of a Medication No Longer Under Patent

    Your new use isn't protectable by patent. Before you can market a drug for a new use, you will have to go through the New Drug Application process, but if the drug is already approved and the excusivity period and patent has expired, you're not going to gain any IP by coming up for a novel use for an existing drug.

  3. #3
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Alternative Use of a Medication No Longer Under Patent

    If there is a patent on the drug, the patent holder can apply for a new use for the drug. You certainly can't.

    Assuming you owned the drug or licensed it, you would have to go through the entire drug approval and licensing all over again. That would take millions of dollars, which obviously you do not have, and it is all moot anyway as you don't own the drug. Even if it is generic, see the above.

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