Medical and Dental Device Patenting Blog : Medical and Dental Patent Lawyer & Attorrney : John Rizvi : Gold & Rizvi Law Firm : Florida, Serving Miami, Ft. Lauderdale, Orlando, Tampa, Florida

Naturex, a French company, has patented an extract from the common ash tree, which is reportedly linked to weight loss. According to an article on NutraIngredients.com (November 27, 2007, McNally), the company will launch the product in the U.S., Asia, and Europe to meet growing consumer demand for natural products to promote weight management.

Naturex's patent covers the extraction and purification of the key compound "secoiridoids" found within the ash tree. I have noticed a great deal of consumer interest in natural alternatives in a wide range of categories, most importantly food and beverages and health and beauty aids, leaving the patenting opportunities for holistic/natural ingredients wide open.

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In the last couple of weeks, John Edwards has been creating a stir with talk of offering research cash prizes for the research and development of "breakthrough" drugs—but no patent to go with it. According to Scott Malone (November 13, 2007, Reuters), this is part of Edwards $120B plan to provide healthcare to all Americans.

My question is: If you really want to give generic drug manufacturers an incentive, why not offer them patent protection as a part of the package?

True, removing patent protection gives generic manufacturers a chance to jump into the market sooner, where now they have to wait until the big guys' pharmaceutical patents expire. However, this advantage is short-sighted on two fronts.

First, by not offering the monopoly granted with patent protection, the marketplace would flood with competitors indistinguishable from each other, which would make the profit margins shrink considerably, not to mention quickly.

Secondly, as I mentioned in a previous post, consumers value patented brand names in prescription drugs to a far greater degree than their generic counterparts. If you want to widen the landscape to give the little guys a chance, I'm all for it. But, give them their full due in patent protection, which enables them to compete from a position of strength through proprietary control.

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Acivena has announced the USPTO has granted a patent (#7,285,573) for use of their proprietary drug candidates to battle ALS (amyotrophic lateral sclerosis), otherwise known as Lou Gherig's disease. This patent joins an expanding portfolio of Acivena drugs for treating ALS, all aimed at slowing the disease's progress and "improving the quality of life for patients."

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When it comes to patented drugs, perception is reality, and perception yields big business. Eli Lilly certainly knows this. By 2010, they are expected to have earned a combined $12B for three of their "blockbuster" patented drugs: cancer battling Gemzar, antidepressant Cymbalta, and Evista for osteoporosis (Barron's online, 19 November 2007).

Consumers pay more for patented brand name drugs, because they simply feel they work better. This may be attributed to feeling brand name drugs are more well researched, connecting to the advertising that supports such drugs, or perhaps believing the generic versions have less of the critical ingredient(s). Whatever underlies the perceptions, pharmaceutical companies continually recognize the value of patented drugs in their yearly profits.

However, a pharmaceutical company cannot monopolize the market with their patents interminably. The 20-year patent limit set by the United States Patent and Trademark Office ensures that other drug companies can participate in the market. Typically, drug companies receive their patents well before they have completed all their research and drug trials and before they are FDA approved. Acknowledging this, the USPTO offers drug companies a five year extension on their patent protection; however, the actual time a patented drug is in the market is approximately 14 years. This leaves generic drug manufacturers room to enter the market and grow their businesses.

And, as competitors bide their time, market analysts watch drug companies closely--and measure their worth by a factor of whether and when their drug patents will expire and what new patents are in the works. With several of Eli Lilly's blockbuster drug patents set to expire in the near future and uncertainty over whether their new clot-preventing Prasugrel will be a strong rival to Bristol-Myers Suibb's Plavix, investor anxieties are running high. Eli Lilly remains hopeful. We'll just have to wait and see. Continue Reading...

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