How do I get a drug patent to sell internationally? 4 Answers as of July 25, 2011I have discovered a new use for an old medicine. How do I capitalize on this knowledge without drug companies doing so? I'd like to market this on the web internationally, but then the secret is out. I cannot market in the USA as I would be selling without a prescription.
Devon & Associates | Marcia A. Devon
There is no "international patent". There are patent treaties (e.g. The Patent Convention Treaty) but the inventor must designate (and pay for) the countries in which he desires protection and must prosecute the patent application in each country pursuant to the laws of each country. An inventor can obtain a U.S. patent on a new use for a known substance. However, the new use must be nonobvious to one skilled in that area of technology in order to be granted a U.S. patent. I recommend you consult a patent attorney who can advise you on how best to protect your "new application of a known substance", disclosing your concept to the patent attorney pursuant to an attorney-client relationship.
Answer Applies to: California
Barton Barton & Plotkin | Maurice Ross
There is no international patent. You need to apply for a patent in each country in which you want protection. Thus, you need to retain patent counsel in each such country. Some firms have offices in several countries which can be useful.
Answer Applies to: New York