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      Drug Repurposing : 

      Intellectual Property Considerations

      edited-book
       
      The Royal Society of Chemistry

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          Abstract

          This chapter discusses a general framework of how patents in the context of drug repurposing can be applied for, what their peculiarities and challenges are, and how the respective considerations should be an integral part of every drug repurposing program. While the intellectual property strategies that come into play here are not fundamentally different from those used in drug discovery there are specific issues to be considered, and specific opportunities to be exploited. One of these is the patenting of combination therapies driven by systems medicine approaches, which makes it easier for applicants to obtain formulation patents tailored for the new use. A snapshot of international drug repurposing patent applications published in July 2020 completes the chapter.

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          Fish Oil, Raynaud's Syndrome, and Undiscovered Public Knowledge

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            Sources and Targets for Drug Repurposing: Landscaping Transitions in Therapeutic Space.

            Patent applications provide unique opportunities for landscaping ongoing medical innovation. In this analysis of drug repurposing patent applications published under the international Patent Convention Treaty during the years 2011-2014, we discuss what categories in the World Health Organization's International Classification of Diseases provide drugs and drug candidates for potential second medical uses, and how these proposed repurposed uses relate to each other and the original ones. Also discussed are the geographic origin of the patent assignees and their type and size. Beyond the expected interactions within the field of neuropsychiatry, frequent secondary use claims for oncology compounds to treat noninfectious respiratory diseases, and for cardiovascular compounds to treat neurological conditions, were unexpected findings derived from the repurposing heatmap. The relative absence of repurposing claims to treat parasitic or tropical diseases contrasts sharply with the broad attention this segment receives in the peer-reviewed literature. Equally notable are the dominance of universities and small pharmaceutical companies; a focus of large multinational companies to repurpose their own compounds; and the leading role of European-centered entities among the assignees. We believe that this investigation represents the first comprehensive cross-sectional attempt at mapping drug repurposing patterns across therapeutic fields, and could provide important clues that complement those obtained from the peer-reviewed literature.
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              Drug repurposing and the prior art patents of competitors.

              Drug repurposing (i.e., finding novel indications for established substances) has received increasing attention in industry recently. One challenge of repositioned drugs is obtaining effective patent protection, especially if the 'novel' indications have already been claimed by competitors within the same drug class. Here, I report the case of patents relating to phosphodiesterase type 5 (PDE5) inhibitors. Patentees of later-filed patents on novel indications (even when they could not observe prior patenting of their direct competitors) filed patents for which patent examiners did not see the prior-filed patents of the competitors as relevant prior art, whereas these follower patent applications often failed because of other reasons.
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                Author and book information

                Book Chapter
                February 9 2022
                : 264-279
                10.1039/9781839163401-00264
                a1fb410e-4474-4dc7-957d-005ef325336b
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