How do I get a drug patent to sell internationally? 4 Answers as of July 25, 2011

I 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.

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Mark S. Hubert PC
Mark S. Hubert PC | Mark Hubert
Sorry this is out of my scope of knowledge - I cannot advise on how to sell prescription US drugs in foreign countries for profit.
Answer Applies to: Oregon
Replied: 7/25/2011
Devon & Associates
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
Replied: 7/24/2011
Barton Barton & Plotkin
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
Replied: 7/24/2011
Law Office of B. Keith Martin
Law Office of B. Keith Martin | B. Keith Martin
Dream on. It's just not possible.
Answer Applies to: California
Replied: 7/23/2011
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