Are prodrugs patentable?
Although such prodrug patents might be allowed, their use was not because the active form of the prodrug, the parent drug, was covered by the composition patent on the parent drug.
What happens when a drug comes off patent?
When a drug’s U.S. patent expires, manufacturers other than the initial developer may take advantage of an abbreviated approval process to introduce lower-priced generic versions. In most uses, generics are clinically equivalent to the original branded drug.
Can you patent a new use for an existing drug?
But while a new use for an old invention does not make the old invention patentable, the new use itself might be patentable. In fact, new-use patents comprise a significant part of the patent landscape—particularly in pharmaceuticals, when drug companies obtain new-use patents to repurpose old drugs.
What are secondary patents?
Secondary patents, as opposed to original or primary patents, are commonly understood as patents protecting not a novel chemical entity, but a polymorph, salt, derivative, pharmaceutical composition or a specific medical use thereof, among other things.
How long does a drug stay on patent?
Patents filed since 1995 last for 20 years from the date of patent application filing. This is true for “utility” patents, but the terms for certain other, less common types of patents, are different.
How long can drug companies hold a patent?
Drug patents are good for 20 years after the drug’s invention. In most cases, this time frame is halved to 10 years after testing finally brings the drug to the marketplace. Patents are typically awarded within a few years after the patent application submission.
How long is a patent on a new drug?
Patent terms are set by statute. Currently, the term of a new patent is 20 years from the date on which the application for the patent was filed in the United States.
Who has the patent on OxyContin?
Richard Sackler, who sits on the company’s board, is listed as one of the inventors on the patent. Use of OxyContin, invented in 1995, was fueled by an aggressive marketing campaign that led to it becoming the most widely prescribed opioid.
How long is a patent good for?
(Utility patents, the most common type of patent, are issued for useful inventions that are novel). For utility patents filed on or after June 8, 1995, the patent term is 20 years from the date of filing. For design patents, the period is 14 years from date of issuance.
How much does a patent cost?
A patent can cost from $900 for a do-it-yourself application to between $5,000 and $10,000+ with the help of patent lawyers. A patent protects an invention and the cost of the process to get the patent will depend on the type of patent (provisional, non-provisional, or utility) and the complexity of the invention.