If a new effect is affirmed by reviewing the usage and the dose of an existing medicine, it makes it to the patent object.

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If a new effect is affirmed by reviewing the usage and the dose of an existing medicine, it makes it to the patent object. ――。

The intellectual property strategy headquarters of the government comes up with a new medical treatment patent strategy. It is an aim to safeguard as a patent, and to press the research and development investment to the enterprise if the novelty such as decreasing the risk of the side reaction by reviewing the dose method even if the element is the same is perceived. It includes in the promotion plan in fiscal year 2009 shortly decided, and if it is early, the outlook that revises the criteria for examination of the patent act within the year.

For instance, the patient should take the medicine up to now for osteoporosis (cormorant fisherman) remedy that is every day. The element comes to only have to take it once a consequence being developed for the medicine into which the side reaction doesn't change even if the amount at seven batches is thoroughly brought together in one time and a week if this medicine is taken though cannot lie for the side reaction prevention of the esophagitis after it takes it 30 minutes, and patient's burden has decreased. It proposes that such a case be made a patent object in the future.

When it lodges a patent application, the patent of the material that the effect is perceived in treatment is first requested, and acquired by the medicine manufacturer. Afterwards, the usage and the dose "100 milligrams are 2-3 twice a day" are decided at the stage of the making and selling approval based on the pharmaceutical Affiars Law.

The one that this plan targets this as "New medicine" in patent fillings when medicine of "50 milligrams are 1 a day once" is made from for instance the same element.
The purchase lingua manufacturer comes to be newly good at the purchase of the patent of "50 Miri" of the patent of "100 Miri" before the patent term cuts though the patent term is assumed to be 25 usual years at most of 20 years. Another manufacturer can also enter, and a cheap, late-started medicine will compete in the market with the forerunner medicine that adds the device to the dose method if 20 years that are the patent terms of the material are passed.

"Method of the medical treatment" (operative and treatment) is off the subject though the patent system of Japan makes the invention of medical equipment and the medicine a patent object as "Product invention".

"Revision European Patent Convention in 2000" came into effect in Europe in December, '07, and a new effect discovery of the medicine was assumed to be "Safeguard it as a product invention though it did not safeguard as a method".
As the material, when the usage dose is different even if it is the same and how for effective is different, it tries to follow this this time, and it is judged that "Product invention" and construction can be done, and to expand the patent object.

The Patent Office affiliate「It leads to patient's quality of life and the improvement of the facility if the taking frequency etc. are decreased by devising the usage dose. Moreover, reserve force to which the pharmaceutical industry advances the research and development of another new medicine by safeguarding it as a new patent extends, too. 」It expects it.  The pharmaceutical industry side is spoken, "It comes to be able to provide the medicine that the burden is fewer for the patient by devoting one's energies to the research of the commercialization lingua new medicine in addition at last".

- Source
http://www.asahi.com/politics/update/0620/TKY200906200077.html

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このページは、jp_masterがJune 21, 2009 3:18 AMに書いたブログ記事です。

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