Integrating Public Health Concerns into Patent Legislation in Developing Countries
(2000; 140 pages) [French] [Spanish] View the PDF document
Table of Contents
View the documentTHE SOUTH CENTRE
View the documentFOREWORD
View the documentACKNOWLEDGEMENTS
View the documentGLOSSARY*
Open this folder and view contentsI. INTRODUCTION
Open this folder and view contentsII. PATENTABLE SUBJECT MATTER
Open this folder and view contentsIII. SCOPE OF CLAIMS
Open this folder and view contentsIV. PATENTABILITY REQUIREMENTS
Close this folderV. SPECIAL CASES IN PHARMACEUTICALS
View the documentV.1 Selection Patents
View the documentV.2 Prior Public Availability
View the documentV.3 Polymorphism
View the documentV.4 Analogy processes
View the documentV.5 Compositions
View the documentV.6 Optical Isomers
View the documentV.7 Active Metabolites
View the documentV.8 Prodrugs
Open this folder and view contentsVI. DISCLOSURE
Open this folder and view contentsVII. EXCEPTIONS TO EXCLUSIVE RIGHTS
Open this folder and view contentsVIII. EXAMINATION AND OBSERVATION PROCEDURES
Open this folder and view contentsIX. CLAIMS INTERPRETATION
Open this folder and view contentsX. COMPULSORY LICENSING
View the documentXI. FINAL REMARKS
View the documentREFERENCES
View the documentBACK COVER
 

V.7 Active Metabolites

In some cases, patents may be accumulated on a compound and on the active metabolite that produces the desired effect in the body. For instance, in the case of terfenadine, which had been sold for many years in the United Kingdom as an antihistamine, the patent holder obtained a further patent on the active metabolite and attempted to block competition in the market of terfenadine, after the patent for the latter had expired. This was deemed to be an unacceptable attempt to extend patent protection112.

112 See, e.g., Grubb, 1999, p. 212-213.

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