Taylor, MI asked in Intellectual Property for Michigan

Q: If you take patten ingredients and by chance come up with a cure for shingles, Could there be a legal problem?

Can the company that has the patten ingredients come after you?

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1 Lawyer Answer

A: This is a fairly common situation in the pharmaceutical industry. Pharmaceutical companies come up for new uses of patented drugs all the time.

Generally speaking, a new use for a previously patented ingredient will still infringe the existing patent, and the patent owner may still come after you. But if the previously patent ingredient is patented only for a certain indication, or dosage forms, or is otherwise limited, then you may be able to make or sell the drug for treating shingles

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