Groups » Intellectual Property

Patent Infringment of Pharmaceutical Substance

• Iftikhar Ahsan
  Jan 18 2010, 12:08 PM
  There is a "granted patent" for a chemical structure (Broad) wherein definition of R1, R2 etc. covers number of possible compounds. In others words, claim 1, is broad enough to cover number of specific compounds. Let us assume that patent discloses as well as claims the compounds covered in broad claim 1, for utility in cancer treatment. Further patent do not provide enablement for all of the compounds covered in claim 1 (generic structure).
  Now company "X" file a patent claiming a specific compound, which is actually broadly covered in claim 1 of granted patent. However, the granted patent do not provides an enablement for the same such as an example in description. Furthermore, company X has discovered that this compound has utility for the treatment of diabetes which is quit distinct from cancer and unexpected at the time of "granted patent".
  
  First question: Could we get the patent for it?
  
  Second question: Let us suppose, we get the patent then, can we market the product based on such patent without infringing the “granted patent"?
  
  Third question: If we are infringing the first granted patent then what is reason for it and how would company X overcome it?
  
  

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