The Search for Defensible IP in Older Drugs

The jumpstart model reduces drug development risk by starting with existing drugs which are then reformulated or repurposed for new or expanded indications. In every case, the parent drug either already belongs to somebody else or has lost patent protection, or soon will, and is therefore freely available for others to exploit. As such, early competition is a significant risk for any jumpstart product. Devising an IP fence high enough to protect a new product could determine a company's success going forward.

by Marc Wortman

In March, a British court struck down GlaxoSmithKline PLC 's composition-of-matter patent for its most important new drug, the anti-asthma inhaler Seretide (sold as Advair in the US)—a combination...

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