Patent News
Profit from Ideas
Last month
we discussed briefly the expenses involved in patenting inventions.
Before we discuss further how to procure and use patent protection, let us
discuss further what exactly does a patent not provide us by way of an example.
During 1990s one Mr. Pillai wanted a patent for his novel method of making
petrol (gasoline) from herbs. He was under the impression that by simply
claiming that he had a method, he would get a patent that would automatically
make him rich and famous. However, he had no idea as to what
a patent can or can't do. His method was a scam. There was no
real method, but a deception using commercially available petroleum products
and herbs to make petroleum products. The Indian government rejected
the application after a huge fuss in the media. Even if the government
had issued a patent, arguendo, what would he do with the patent? Can he make
money by just having the patent certificate? Of course not. He has to set
up a production facility, make the gasoline and sell it to the consumer at
a cheaper price than that was available at the regular pump, after proving
that his gasoline was as good as the gasoline available at the pump.
In addition, one of the fundamental principles of patenting is "full disclosure
of the invention." Without a full enabling disclosure, no patent will
be issued. Mr. Pillai wanted a patent by keeping the enabling details
a secret. Apparently, he didn't even know the basic definition of a
patent. What he needed was a trade secret. Whatever his understanding
of patent was, he just wanted to make money without a real method of producing
any kind of petroleum product. Such adventures or scams are simply a
waste of money. The idea of patenting is solidly founded on the useful,
novel and unobvious inventions, but not on meaningless ideas.
Some inventors have weird and absurd ideas that may be workable but nobody
would ever use such devices or inventions and nobody can sell them and make
money. For example, a device for waking persons from sleep (
United
States Patent 256,265) or an amusement device for a toilet bowl or urinal
(
United
States Patent 4,773,863) comprising a urine detector for detecting
a urine flow from a human and for providing an electrical signal for activating
a sensory stimulus device or a urinal for use by females (
United
States Patent 4,683,598) that allows urination while standing.
I am not sure if any hospitals or other public facilities ever need
such devices. Even such absurd ideas can be patented, if one finds money
or a sponsor who would pay for the patent prosecution and as long as the
invention is fully disclosed in a manner that enables a person of ordinary
skill in the art to make and practice the invention.
Now, let us say you have an idea, sensible or absurd, and you want to
get a patent.
As mentioned
before, you can go ahead and hire a
patent lawyer and get the patent for
your novel invention. If you want to find someone else to pay for your
idea, the best way is to file a provisional application either with the
help of
a lawyer or yourself and
then find someone to pay for the procurement of the patent by assigning rights
for a reasonable price.
A provisional application is a special application for
a fee
of only $80 (for an independent inventor or a small entity) in the United
State of America. Let us discuss the provisional application
More Next Month.
Vytorin
The Food and Drug Administration has approved a new cholesterol-lowering
drug called Vytorin. The pill, manufactured and marketed by a joint venture
between Merck & Co. Inc. and Schering-Plough Corp., is a combination
of two other cholesterol drugs, Zetia and Zocor. Zocor is from the
class of drugs known as statins, and lowers cholesterol by cutting its production
in the liver. Zetia limits the absorption of cholesterol in the intestines.
Campral
The American government approved the first new drug to treat alcohol
abuse in a decade a medicine called Campral that promises to help ward off
relapses. Campral is known chemically as acamprosate. It is not for
patients who are actively drinking at the start of treatment or who abuse
other substances in addition to alcohol. It is thought to somehow
ease alcoholism withdrawal symptoms by normalizing abnormalities in two
brain chemical systems. Most common side effects were headache, diarrhea,
flatulence and nausea, FDA said. Campral is made by France's Lipha Pharmaceuticals.
It has been widely used in Europe for years. In the United States, there
are two other FDA-approved drugs for alcohol abuse treatment: antabuse and
naltrexone. Antabuse reacts with alcohol to make the drinker violently
ill, and naltrexone blocks brains chemicals that make alcoholics feel good
after a drink.
Alclometasone Dipropionate
Ointment
Taro Pharmaceutical Industries Ltd. reported today that its U.S. affiliate
has received approval from the U.S. Food and Drug Administration ("FDA")
for its Abbreviated New Drug Application ("ANDA") for Alclometasone Dipropionate
Ointment, USP 0.05% ("alclometasone ointment"). Taro's alclometasone
ointment is bioequivalent to GlaxoSmithKline's Aclovate(R) ointment, a low
to medium potency topical corticosteroid product. Alclometasone ointment,
a prescription product, is used for the treatment of inflammatory skin diseases.
U.S. sales of Aclovate(R) ointment were approximately $2.5 million in 2003.
Fluconazole
Diflucan(R) (Fluconazole) is indicated for the treatment of vaginal
candidiasis (vaginal yeast infections due to Candida), oropharyngeal and
esophageal candidiasis, and cryptococcal meningitis. Fluconazole is also
indicated to decrease the incidence of candidiasis in patients undergoing
bone marrow transplantation who receive cytotoxic chemotherapy and/or radiation
therapy. Ranbaxy Pharmaceuticals Inc. (RPI), a wholly owned subsidiary
of Ranbaxy Laboratories Limited (RLL), announced that RLL has received approval
from the U.S. Food and Drug Administration to manufacture and market Fluconazole
Tablets, 50 mg, 100 mg, 150 mg, and 200 mg strengths and Fluconazole for
Oral Suspension, 10 mg/mL (50 mg/5mL) and 40 mg/mL (200 mg/5mL). The Office
of Generic Drugs, U.S. Food and Drug Administration, has determined the Ranbaxy
formulations to be bioequivalent and have the same therapeutic effect as
that of the reference listed drug Diflucan(R) of Pfizer Central Research.
Total market sales for Fluconazole were $741 million (IMS - MAT: March 2004).
Tablet sales represented a total of $469 million and the suspension $28 million.
IVAX Corporation, Mylan Laboratories Inc., Par Pharmaceutical Companies,
Inc. and Teva Pharmaceutical Industries Ltd. also announced that the U.S.
Food and Drug Administration has granted final approval for the ANDA for
Fluconazole.
Synagis
In 1998, the original formulation of Synagis (palivizumab) was approved
by the FDA to prevent serious lower respiratory tract disease caused by
respiratory syncytial virus (RSV) in pediatric patients at high risk of
RSV disease. Synagis is the first monoclonal antibody approved for prevention
of an infectious disease, and the first such drug to be safely used in children.
MedImmune, Inc. announced in July that the U.S. Food and Drug Administration
(FDA) has approved a new liquid formulation of Synagis.
NT-proBNP
Dade Behring Holdings, Inc. announced it had received FDA clearance
to sell its NT-proBNP (N-terminal pro brain natriuretic peptide) assay
in the United States. NT-proBNP is a key cardiac marker, which will be
used on the company's Dimension® instruments as an aid in the diagnosis
of individuals suspected of having congestive heart failure.
Magnetocardiograph
(MCG)
CardioMag has received clearance from the Food and Drug Administration
(FDA) to market and sell in the United States its revolutionary cardiac
device, called a magnetocardiograph (MCG), which can detect the magnetic
field generated by a person's heart. The CardioMag system has demonstrated
that it is capable of working in a typical open clinical setting, such as
the non-invasive cardiology lab at Cedars-Sinai Medical Center where groundbreaking
research is being carried out. An MCG procedure takes less than ten minutes
to perform, is risk-free, and does not require injections or radiation. Generating
a thousand images per heartbeat CardioMag's MCG system provides unprecedented
insight into the human heart at work.
Gemzar
Ovarian cancer causes more deaths in Europe than any other cancer of
the female reproductive tract, with approximately 20,000 new cases of ovarian
cancer diagnosed annually. Ovarian cancer is particularly lethal because
of the disease's vague symptoms and high recurrence rate. Ninety percent
of women with advanced ovarian cancer will experience a recurrence of the
disease after initial treatment. Lilly announced that regulatory officials
in several European markets including but not limited to Germany, Sweden,
Denmark, Finland, Belgium, Hungary, Portugal, and Romania, have approved
Gemzar in combination with carboplatin, a standard chemotherapy agent, for
the treatment of recurrent epithelial ovarian cancer.
Alinia
The U.S. Food and Drug Administration (FDA) had approved Romark Laboratories'
Alinia(R) (nitazoxanide) tablets for treating diarrhea caused by Giardia
lamblia in patients 12 years of age and older.
Piperacillin
Piperacillin is a third-generation, antibiotic indicated for the treatment
of serious infections caused by designated susceptible microorganisms such
as P. aeruginosa commonly referred to as pseudomonas. Piperacillin
is active against a variety of gram-positive and gram-negative aerobic and
anaerobic bacteria. American Pharmaceutical Partners, Inc., received approval
from the U.S. Food and Drug Administration (FDA) to launch a 40g vial of
Piperacillin for Injection, USP, the generic equivalent of Wyeth's Pipracil(R).
Levofloxacin
The U.S. Food and Drug Administration (FDA) has approved the fluoroquinolone
antibiotic LEVAQUIN(R) (levofloxacin) tablets/Injection and LEVAQUIN(R)
(levofloxacin in 5% dextrose) Injection to treat multi-drug resistant strains
of Streptococcus pneumoniae in community acquired pneumonia (CAP).
Approximately four million people in the United States develop CAP each year.
S. pneumoniae is one of the primary bacteria that causes CAP. Multi-
drug resistant S. pneumoniae (MDRSP) are forms of bacteria resistant to two
or more therapeutic classes of antibiotics including penicillin, second-
generation cephalosporins, macrolides, tetracyclines and sulfonamides. The
presence of multi-drug resistant S. pneumoniae has increased significantly
over time and today represent up to 23 percent of all strains.
Imiquimod
The U.S. Food and Drug Administration (FDA) has approved the first prescription
therapy in nearly a decade for the treatment of superficial basal cell carcinoma
(sBCC), a type of nonmelanoma skin cancer. 3M's Aldara(TM) (imiquimod) Cream,
5%, a topical immune response modifier, is now available to treat biopsy-confirmed,
primary sBCC in adults with normal immune systems.
ImageChecker
The U.S. Food and Drug Administration (FDA) for the ImageChecker(R)CT
CAD Software system. R2 Technology's ImageChecker CT system is the first
CAD system to receive an approval for computer-aided detection of solid
lung nodules during review of multi-detector CT (MDCT) chest exams. Early
lung cancer often presents as nodules and can be difficult to detect in
its early stages.
Erbitux
German drug maker Merck KGaA said it had received European Union approval
to sell the colon cancer drug Erbitux, co-developed with U.S. biotech company
ImClone Systems Inc. and Bristol-Myers Squibb. The drug will be available
in all 25 EU member states as well as Iceland and Norway in accordance with
local laws. The German company, which has no connection with the U.S. drug
company Merck & Co., holds the rights to Erbitux outside North America.
Erbitux is a monoclonal antibody that works by blocking a protein that
can promote aggressive forms of the disease. ImClone received approval
from the U.S. Food and Drug Administration earlier this year. Bristol-Myers
Squibb has the marketing rights to Erbitux in North America.
Leeches
Medicinal leeches normally make their home in fresh water. The
use of leeches (Hirudo medicinalis) to draw blood goes back thousands of
years. They were widely used as an alternative treatment to bloodletting
and amputation for several thousand years. Leeches reached their height
of medicinal use in the mid-1800s. The Food and Drug Administration
said in June that Ricarimpex SAS, a French firm, was the first company to
request and receive FDA clearance to market the bloodsucking aquatic animals
as medical devices. FDA noted that today they are used in medicine throughout
the world as tools in skin grafts and reattachment surgery. Leeches are
already widely used in American hospitals, and companies that raised and
sold them here before 1976 were allowed to continue doing so.
Prednisone
Prednisone is a corticosteroid used to relieve inflammation including
swelling, heat, redness, and pain; to treat certain forms of arthritis;
skin, blood, kidney, eye, thyroid, and intestinal disorders such as colitis;
severe allergies; and asthma. Prednisone is also used with other drugs to
prevent the rejection of transplanted organs and to treat certain types
of cancer. Prednisone is one of the top 10 retail products according
to patient counts. During the year 2003, Prednisone had 22 million prescription
counts filled by 11.64 million patients (NDC Market Focus). The market is
estimated to be at $46 million. GeoPharma, Inc. announced that they had acquired
the rights to market the ANDA drug Prednisone as branded through their wholly
owned subsidiary, Belcher Pharmaceuticals, Inc. GeoPharma will offer dosage
strengths of 5 mg, 10 mg, 20 mg and 50 mg tablets and begin distributing
their Belcher Pharmaceuticals' branded product by fall of 2004.
Medroxyprogesterone
Medroxyprogesterone Acetate Injectable Suspension is the generic equivalent
of Pfizer's Depo-Provera(R), an injectable contraceptive. Annual brand sales
of single dose vials are approximately $170 million. Teva Pharmaceutical
Industries Ltd. announced that the U.S. Food and Drug Administration has
granted final approval for the Company's ANDA for Medroxyprogesterone. This
is the first generic approval for this product.
Dream Workshop
Tokyo-based Takara Co. says its "Dream Workshop" stand, shaped
like an oversized cellular phone dock and about 35 centimeters (14 inches)
tall -- can be programmed to help sleepers choose what to dream. While preparing
for bed, the user mounts a photograph on the device of who should appear
in the dream, selects music appropriate to the mood -- fantasy, comedy,
romantic story, nostalgia -- and records key word prompts, such as the
name of a romantic crush. Placed near the bedside, the dream-maker emits
a special white light, relaxing music and a fragrance to help the person
nod off. Several hours later, it plays back the recorded word prompts, timed
to coincide with the part of the sleep cycle when dreams most often occur.
It then helps coax the sleeper gently out of sleep with more light and music
so that the dreams are not forgotten.
The device will sell for 14,800 yen (U.S. $136) in Japan starting late
August. In a study conducted on a group of men and women between the ages
of 20-40, the device had a success rate of 22 percent in inducing dreams
in which one of the prompt words appeared, said the
Yomiuri Shimbun,
a major daily.