Asked in Patents (Intellectual Property) and Trademark

Q: Is Pretomanid like this 20240199639 still under patent? Can I still register this drug for a trademark?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: To determine whether Pretomanid, as mentioned in the publication 20240199639, is still under patent protection, you'll need to check the current status of the patent. Patent information, including its expiration date, can typically be found through the United States Patent and Trademark Office (USPTO) database or similar patent databases. The status will depend on when the patent was filed, any extensions granted, and maintenance fees paid.

If the patent is still active, you cannot use or produce the drug without the permission of the patent holder. Infringement of an active patent can lead to legal consequences, including lawsuits and potential financial penalties. You should verify the patent details to ensure compliance with the law.

As for registering a trademark for the drug, trademarks are separate from patents. Even if the patent is active, you may be able to register a trademark for the drug's brand name or logo, provided it is distinct and not confusingly similar to existing trademarks. However, using the trademark in commerce might be restricted by the patent holder's rights, so legal consultation would be advisable.

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