Arachnova: The Patent Problem with Re-Indication Strategies

Dynogen and Arachnova both independently thought up a new indication for an unapproved but soon-to-genericize Mitsubishi anti-depressant. They both filed use patents, then both licensed the same preclinical data from Mitsubishi. Suddenly revealed to each other, they're now arguing over who owns the IP--a sobering message for the increasing number of companies pursuing re-indication strategies.

The business problem with ideas is that they're often unprotectable.

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