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JB3729

12/21/15 8:43 AM

#45746 RE: scottsmith #45741

To extend A2-73's patent expiration date when it is used in combination with donepezil. A patent for A2-73 Plus would expire in 2033.

Additional U.S. patent applications filed for pharmaceutical composition of matter for ANAVEX 2-73 will, if granted, provide further patent protection until at least 2035. An additional patent application on file for ANAVEX PLUS, the combination of ANAVEX 2-73 and donepezil, if granted, will provide protection for composition of matter until at least 2033.

sokol

12/21/15 8:49 AM

#45747 RE: scottsmith #45741

It seems that even without Anavex obtaining a patent on the combination of AVXL 2-73 and donepezil (if AVXL is approved by the FDA), AVXL 2-73 may be prescribed as an add on therapy to donepezil. Of course, it is much more valuable for Anavex though to have a patent on the combination of 2-73 and donepezil to be administered in one pill rather than the two drugs to be taken separately. These are some reasons, I think:

1. Patient compliance, although CBD points out that this may not be a big deal. It's easier to administer one pill than 2. Dosage is more likely to be correct, etc. Plus, patients may forget to take one pill or take more than one when they should take only one of each.
2. Patent life (monopoly) may be extended as IP points out.
3. Another company may apply for some other combinations of AD drugs, and multiple patents by Anavex may block them if combination patents, methods of use patents are obtained by Anavex.(a patent person may better address this).
4. Its always better to have multiple patents to enforce. If enforcement fails on one, one of the others may succeed.