Second Medical Use-Patents

Introduction:

The idea that previously discovered chemicals and compositions may be used to discover novel functions, capacities, or medicinal applications is certainly intriguing. Patents can frequently be used to protect these, however not all states allow the protection of a known substance's new medicinal uses. For instance, in India, the discovery of new qualities from known compounds is not regarded as "inventive," so a new use for a recognized chemical is not covered by patent protection.

There is, however, some hope for applicants hoping to patent novel applications for already-approved medications in India, so long as the compositions are said to be synergistic combinations and bolstered by data disclosure in their specification. Applicants will be better able to develop claims in an application and increase the likelihood of a successful grant if they understand how protection for new medical uses of known substances or second medical uses can be