technically you patent the molecular structure too, and then take out a cloud of dozens of patents around it, while getting as broad language as possible (used

technically you patent the molecular structure too, and then take out a cloud of dozens of patents around it, while getting as broad language as possible (used for any disease where the pathology is influenced by this molecule, or whatever uspto will let you get away with) But generics companies are heavily incentivized to try and overturn those patents by law, and drugs are repurposed all the time through off label use without a phase III for the indication.