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&amp;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.

22 minute read August 26, 2003 at 03:56 PM
By
Ivor R. Elrifi and Nicholas P. Triano, III
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.

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