Q: Can I patent new protein target and thus new use of an old drug?
The old drug used to have a patent on it but expired years ago. My company found that the drug binds to and inhibits an all new protein target. These findings direct us to explore the use of the drug on diseases that have never suggested for the drug before, hence the new use. I am wondering if these new discoveries are patentable.
A:
Generally, yes. This is a fairly well-developed area of law, and I’ve drafted such patents on a routine basis for a number of pharma clients.
In the US the claims would take the form of method of treatment
“1. A method of treatment of indication X by applying an effective amount of drug Y,…”
In Europe, the claims would take the form of Swiss claims:
“1. Use of drug Y for the treatment of disease X….”
See https://www.epo.org/law-practice/legal-texts/html/guidelines/e/g_vi_7_1.htm
Many countries follow the EPO model, but in some countries, such as India, such claims are generally not patentable.
Of course, you’d still have to get over prior art, and have sufficient amount of data to show efficacy in treating the indication.
Good luck, and give me a call if you need any help.
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