Asked in Copyright and Patents (Intellectual Property) for New York

Q: Hello, how much would cost me to file anti cancer drug ?

we have anti cancer drug. we would like to file ?how much would it cost including hiring lawer ?

2 Lawyer Answers
Peter D. Mlynek
Peter D. Mlynek
Answered
  • Intellectual Property Lawyer
  • Moorestown, NJ

A: To file a patent in the US will cost you $730, regardless of what the subject matter is.

How much will it cost you to get patent protection for an anti-cancer drug is a totally different question. As you know, cancer is the number 2 killer of people in most of the world, and will be #1 within a few years as we successfully battle heart disease. Cancer costs the society about $80 B / year in the US alone. Given that an anti-cancer drug may make you $10K to $100K per year per patient (take a look at the prices of imatinib), you may become a very rich person.

The cost of the development of a cancer drug, as you likely know, is extremely high as well. A cancer drug is not simply a drug; it is much more difficult to get a cancer drug on the market than any of the other drugs. It is an order of magnitude more expensive. I don't know for what indications your drug are, but you should budget north of $2 billion.

WIth respect to patent costs. I would expect you file in every country in the world, and you would file several patents as your scientists improve your drug. (At one time I handled prosecution of patents for just one drug filed in about 30-40 countries for a major pharmaceutical company, and it ended up being 241 patent applications.) I would expect to develop a portfolio of over a thousand patent application across the globe. Although a typical patent, from start to finish may cost $20k to $30k, drug patent applications are opposed by their competitors at every turn. Based on interferences and opposition proceedings that I've taken part in for drug companies, for many of these patent applications, you will be burning through $100k+ per month during opposition proceedings alone.

I can't give you an estimate how much it would cost to protect your invention fully, but I think that it may be well into hundreds of millions of dollars to get the necessary patents. You'll need to feed the army of lawyers around the globe who'll battle the various patent offices on our behalf. It would be cheap, but still trivial compared to costs of developing the drug.

But the good news is that these high costs are 2 to 7+ years off. To get started, you'll need to file a patent. Drafting a good quality patent application costs $10k, but to draft a bullet-proof patent to anti-cancer drugs I'd say $20k+ may be more appropriate. I've done many drug patent applications, including several anti-cancer treatment patent applications, and filing a patent is actually the easiest and cheapest part. Drafting is NOT the place to cut costs.

Good luck, and don't be afraid to reach out.

Marcos Garciaacosta
Marcos Garciaacosta
Answered
  • Intellectual Property Lawyer
  • Mesa, AZ

A: I assume you are referring to a trademark.

A good preliminary process would be to check if the name is available.

Assuming you want to file the name ANTI CANCER DRUG for medicines, it will likely be rejected for being too generic.

If you file for clothing or other non related items, it may get approved, depending on whether it is available or not.

You should ask around for different quotes, but keep in mind that you are paying for a service that will save you money and time in the long run.

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