[ExI] Problem with Pattents

[Stefano Vaj]

On Mon, Feb 25, 2008 at 8:53 PM, James Clement <clementlawyer at hotmail.com>
wrote:
>
>
> Because it's a FIFO registration process for patent applications, my guess
> is that organizations strive to patent their drugs long before they
> actually
> have FDA approval.  Since such approvals may easily take 7 to 10 years to
> get, that's also a substantial decrease in the amount of time over which
> they can sell the product exclusively.
>

There is another reason. Once a molecule is in the approval phase in any
jurisdiction, your ability to obtain a patent is over, since the invention
is considered as divulged. Thus, you cannot wait the end of that process to
apply, not only because somebody else might file before you do, but because
your application would be void anyway.

Stefano Vaj
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