What are the laws regarding a pharmaceutical patent and ingredients?
If I patent a pharmaceutical product, can somebody else add, delete, or change one of the ingredients and then make it their own?
Answered By: Intellectual Property Center, LLC
this is one of those questions which can't be answered without further information. I would suggest contacting a patent attorney to discuss your concerns. Good Luck!
Answer Applies to: Kansas
Replied: 8/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Kansas
Replied: 8/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: DANIEL NESBITT
If the claims of a patent read on a pharmaceutical product, the product infringes. If the claims require a component A, and a product does not contain A but instead uses a different component B, then there is no infringement of that claim. As it is always better to get your advice using the specific facts of your situation, you should contact a patent attorney for an expert opinion.
Answer Applies to: Ohio
Replied: 7/15/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Ohio
Replied: 7/15/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Barton Barton & Plotkin
It depends on whether the change is trivial or substantial. It also depends on how the patent claims are construed and whether the patented can claim both literal infringement and infringement under the doctrine of equivalents. These are complex and fact intensive issues that require professional legal analysis.
Answer Applies to: New York
Replied: 7/14/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 7/14/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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