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Pharmaceutical Companies: Prepare to renew patents to expand revenue base, avoid litigation
Posted in Litigation



One of the hot-button issues facing the pharmaceutical industry these days is the recently-released DSM-5, the latest version of the manual for treating and identifying psychiatric illnesses. DSM-5 recognizes new illnesses and expands the treatment possibilities for others, which should permit drug makers to patent new drugs and re-patent existing drugs to expand their uses.

Many drugs are prescribed by doctors to treat illnesses other than just the specific illness they were initially intended to treat.  However, drug makers cannot, under federal law, advertise or promote such uses. The changes made by DSM-5 should enable drug makers to re-patent such drugs and openly market them for such alternative uses.  This would likely result in an increased revenue base, which could be used to fund research for new drugs of all kinds. Doing so would also eliminate the potential liability drug makers face for marketing such “alternative” uses for their drugs.

Other drugs which are already approved by the FDA to treat certain illnesses might also benefit from DSM-5, where the new manual is officially recognizing those conditions for the first time, and thus enabling doctors to properly diagnose the conditions.




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