Biotech Values

[Biowatch]

General comments on patents

ms katie said:
>> Is there a major holder of one patent which covers all uses Combretastin? How can AZE and AVE develop their VTAs without potentially infringing on Oxi's patents? Isn't their candidates using the tubulin process too?

There are many VTAs in development, and some companies claim they hold broad patents regarding VTA, there are many doctors who are working in the field which have developed or found specific targets for potential therapies, so if they find a target, do they patent it?<<

Just because one company owns a broad patent in a particular area, it does not stop other companies from developing and patenting new compounds that may infringe on aspects of the broad patent. For example, I believe that Genentech owns broad patents covering chimeric monoclonal antibodies ((mAbs), but many other companies have gone on to develop, patent, and market other chimeric mAbs. They just have to pay Genentech a licensing fee.

You don't need a license for a patent in order to do research, including clinical trials, in an area covered by a broad patent. However, you do need a license from the patent holder in order to sell something covered by their patent. In fact, I think (but am not positive) that the FDA will withhold final approval for a drug if somebody else holds a patent that covers it and won't agree to license the technology.

Often, the owner of a broad patent may not have created the best drug, and that a subsequent drug will potentially be the best on the market. In this case, it is in everyone's interest to license or cross-license their patents, and let the better drug go on sale.

The patent system was designed to encourage invention and the public dissemination of knowledge. The patent rewards the inventor by giving them exclusive rights to their invention for a period of time in exchange for making the invention public knowledge. Centuries ago, technical knowledge was confined to various guilds, and people outside a particular guild did not know how things, such as glass blowing, were done. This tended to stifle creativity, and there was always the risk that the knowledge could be lost if it was not passed on. The patent system was intended to avoid these problems.