What are the laws regarding a pharmaceutical patent and ingredients? 3 Answers as of August 13, 2011

If I patent a pharmaceutical product, can somebody else add, delete, or change one of the ingredients and then make it their own?

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Intellectual Property Center, LLC
Intellectual Property Center, LLC | Ak Shaf
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: 8/13/2011
DANIEL NESBITT | Hasse & 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
Barton Barton & Plotkin
Barton Barton & Plotkin | Maurice Ross
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: 7/15/2011
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