The growth of the pharmaceutical industry over the past 20 years has been driven by the R&D investment in discovering new compounds, which can be protected by composition of matter patent claims.
The Paxil Case: Composition of Matter Claims, Polymorphs and 'Follow-on' Patents
The growth of the pharmaceutical industry over the past 20 years has been driven by the R&D investment in discovering new compounds, which can be protected by composition of matter patent claims. There are notable exceptions to this rule, <i>eg,</i> an unexpected and lucrative use for an old compound, like topically-applied minoxidil for hair growth (Rogaine'). But composition of matter patent protection on the active product itself is always a primary plank in protecting a drug franchise, and increases the value of the technology significantly.
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