Hacker News new | ask | show | jobs
by bonsai_spool 1 hour ago
> I believe companies can patent the new use even if the patents for the original use have run out.

This is not true

> insurance typically won't cover off label use

Generally not true but it can be the case, especially for expensive medications

1 comments

Yes new uses of existing drugs can be patented:

https://www.drugpatentwatch.com/blog/patenting-new-uses-for-...

This is clearly made by an LLM and thus not a credible resource.

From:

https://pmc.ncbi.nlm.nih.gov/articles/PMC9336118/

"COM claims can be difficult to gain for repurposed compounds, as the patentee must somehow differentiate their patent claims over what is in the public domain and present data that the drug is a credible candidate for the new indication [41, 42]."

citing

41 https://pubmed.ncbi.nlm.nih.gov/32241561/

42 https://pubmed.ncbi.nlm.nih.gov/30310233/