6 ms·

It's possible to receive a patent for applying a known drug to a new area.

tptacek 14y ago
First of all, are you sure about that? Second of all, how does that even work? Metformin is very very widely prescribed.
- refurb 14y ago
  It's called a "use" patent. There are many different ways to patent a drug. Composition patents, formulation patents, use patents, etc. The problem is that if you get a "use" patent, it only stops other company from promoting the drug for the use you patented. In the case of metformin, it's already available as a cheap generic. So if a company were to conduct studies proving that it reduced the risk of cancer and got a patent on it, there is nothing to stop a doctor from prescribing the generic version. So unless a company can find a way to recoup their R&D costs associated with running the trials, they won't bother.
  - DigitalJack 14y ago
    I wasn't aware of use patents. Informative post, thank you.
- pyre 14y ago
  The parent is saying you can patent "using Metformin to prevent Cancer" separately than "using Metformin to help with diabetes." I'm not 100% sure of this, but I'm pretty sure that this is the way the FDA approval process for drugs work. You can't just 'decide' to prescribe Metformin for cancer one day. A single drug has to go through the approval process N separate times for N separate applications/diseases.
  - tptacek 14y ago
    Yes, you can. Doctors prescribe drugs for off-label use all the time. The FDA approves the marketing of drugs for specific health problems, but nobody cares about marketing metformin.
- ginko 14y ago
  So who would break patent law in the case that a doctor prescribes the $0.05 diabetes pills to a cancer patient? The doctor? He doesn't really make a profit of this and at least over here in Austria, a doctor may prescribe any substance he wants as long as he can argue that it is for the well-being of his patient. The producer of the diabetes drugs? They don't sell it as a cancer drug. The apothecary? He's just following the doctor's orders.
  - refurb 14y ago
    Nobody would be sued because nobody is breaking any patent laws. That's why you rarely (never?) see a drug company take an old, off-patent drug and try and get a patent for it (in it's original form) on a new disease. Since there is no way to recoup any investment costs, they simply don't make the investment. What does happen is that drug companies will take an old, off-patent drug and modify it somehow so that it can be patented. They can do that a number of different ways: create a unique formulation of the drug, create a drug-device combination product or try and create a slightly modified (and hopefully improved) version of the original drug. Under the current system, unless you have a patent (or marketing exclusivity from the FDA) you have no opportunity to recoup any investment you made in the drug.

First of all, are you sure about that? Second of all, how does that even work? Metformin is very very widely prescribed.

refurb 14y ago
It's called a "use" patent. There are many different ways to patent a drug. Composition patents, formulation patents, use patents, etc. The problem is that if you get a "use" patent, it only stops other company from promoting the drug for the use you patented. In the case of metformin, it's already available as a cheap generic. So if a company were to conduct studies proving that it reduced the risk of cancer and got a patent on it, there is nothing to stop a doctor from prescribing the generic version. So unless a company can find a way to recoup their R&D costs associated with running the trials, they won't bother.
- DigitalJack 14y ago
  I wasn't aware of use patents. Informative post, thank you.
pyre 14y ago
The parent is saying you can patent "using Metformin to prevent Cancer" separately than "using Metformin to help with diabetes." I'm not 100% sure of this, but I'm pretty sure that this is the way the FDA approval process for drugs work. You can't just 'decide' to prescribe Metformin for cancer one day. A single drug has to go through the approval process N separate times for N separate applications/diseases.
- tptacek 14y ago
  Yes, you can. Doctors prescribe drugs for off-label use all the time. The FDA approves the marketing of drugs for specific health problems, but nobody cares about marketing metformin.
ginko 14y ago
So who would break patent law in the case that a doctor prescribes the $0.05 diabetes pills to a cancer patient? The doctor? He doesn't really make a profit of this and at least over here in Austria, a doctor may prescribe any substance he wants as long as he can argue that it is for the well-being of his patient. The producer of the diabetes drugs? They don't sell it as a cancer drug. The apothecary? He's just following the doctor's orders.
- refurb 14y ago
  Nobody would be sued because nobody is breaking any patent laws. That's why you rarely (never?) see a drug company take an old, off-patent drug and try and get a patent for it (in it's original form) on a new disease. Since there is no way to recoup any investment costs, they simply don't make the investment. What does happen is that drug companies will take an old, off-patent drug and modify it somehow so that it can be patented. They can do that a number of different ways: create a unique formulation of the drug, create a drug-device combination product or try and create a slightly modified (and hopefully improved) version of the original drug. Under the current system, unless you have a patent (or marketing exclusivity from the FDA) you have no opportunity to recoup any investment you made in the drug.