2014
DOI: 10.1126/scitranslmed.3009120
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Use Patents Can Be Useful: The Case of Rescued Drugs

Abstract: Contrary to conventional wisdom, use patents can have both commercial and therapeutic value.

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Cited by 6 publications
(3 citation statements)
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“…The commercialization process for repurposed drugs has also presented challenges as patent protection and market exclusivity are not as robust as drugs with a strong "composition-of-matter" patent. In the case of repurposed drugs, "use" patents serve as the primary means of protecting the intellectual property (IP) and market exclusivity once the drug becomes commercialized [142]. The best example is the multiple sclerosis drug BG-12 (dimethyl fumarate).…”
Section: Intellectual Property Considerationsmentioning
confidence: 99%
“…The commercialization process for repurposed drugs has also presented challenges as patent protection and market exclusivity are not as robust as drugs with a strong "composition-of-matter" patent. In the case of repurposed drugs, "use" patents serve as the primary means of protecting the intellectual property (IP) and market exclusivity once the drug becomes commercialized [142]. The best example is the multiple sclerosis drug BG-12 (dimethyl fumarate).…”
Section: Intellectual Property Considerationsmentioning
confidence: 99%
“…New use may be found for drugs that have been approved by the U.S. Food and Drug Administration (FDA), as well as ‘failed’ drugs that passed phase I clinical trials to evaluate safety, but were not effective in phase II or III clinical trials. In this latter group, patent protection can provide financial incentives for additional clinical trials to examine a new use 4 . FDA-approved drugs with expired patents may be viable as well and new use can be evaluated in population studies, before initiating additional clinical trials.…”
Section: Introductionmentioning
confidence: 99%
“…In addition to regulatory exclusivity, we also have orphan drug exclusivity (7-year product exclusivity) and paediatric exclusivity for additional 6 months (Murteira et al 2014). Strategic combination of new composition of matter and use patent together with a formulation and/or new use protected from generics provides strongest market exclusivity and thereby maximises the returns from the repurposed drug product (Smith 2011;Rai and Rice 2014).…”
Section: Regulatory Exclusivitymentioning
confidence: 99%