Anything is possible, and I'm not bothered by the combination patent pending with the United States patent office for approval. This patent when issued may not help, but I certainly do not see how it hurts anything. And, it may very well help. It is common practice for drug companies to obtain as many patents as possible. My best guess is that Anavex's strategy is to obtain approval for AVXL 2-73, if possible, for Rett Syndrome, which will give 7 years Orphan Drug Protection. In the meantime, I expect many more patent applications will be filed and other exclusivity protection for 2-73 will be pursued.
Anavex has very competent patent and IP counsel. These people should keep everything confidential. That is their duty, and Anavex should not waive any confidentiality whether it is the attorney client privilege or anything else. Once waived, that privilege no longer exists.
I also believe that Anavex is justified in not disclosing it's full and complete patent strategy. Why do that? That may temporarily make some investors happy, but it only aids potential competitors in the long run. I believe it is in our best interest that Anavex maintain confidentiality about all of this. Does anyone expect Anavex to waive confidentiality? Does anyone expect Anavex to disclose its trade secrets and all other matters that if it otherwise keeps confidential is best for the company and its investors?
Personally, I would be shocked if Anavex spilled the beans about any of this that should remain confidential.
