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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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Hi, I have a problem. Some years ago I discovered a pharmaceutical

Customer Question

Hi,

I have a problem. Some years ago I discovered a pharmaceutical product that cures a totally different ailment and applied for a patent as such. Obviously I had to use the original Patent to show that the change of use. When providing all my relevant information to the original Patent, the said application was submitted to the relevant registration office.
I spent time trying to sell my invention to pharmaceutical companies. During this period I fell critically ill and wound up in a coma. At some stage the Patent Attorney left out the original Patent I was using to transfer its use to my invention in forthcoming application renewals. As I am much better both physically and mentally I noticed this anomaly last year and requested that the same be corrected. Now that the renewal of the application is due, I seem to be having trouble with my Patent Attorney to submit the original patent in its entirety. Please advise and help me resolve this situation without recrimination.

Kind regards, XXXXX [email protected]
Submitted: 4 years ago.
Category: Law
Expert:  Stuart J replied 4 years ago.
So is this a new way of using something that already exists?
What unique fettures does your invention have?
Customer: replied 4 years ago.


My Patent is to cure Herpes outbreaks in 8hrs to 3 days with a guarantee of never ending in a scab.

Expert:  Stuart J replied 4 years ago.

Is it an existing pharmaceutical product made my someone else. I am not interested in what or who that co is?

If not an existing product, what unique features does your product have?

Have you made and designed it?

Customer: replied 4 years ago.

It is an existing pharmaceutical product made by someone else. I have used the patent in its entirety for a totally different ailment, which is permissible by law.

Customer: replied 4 years ago.

Sorry, one other point the original patent has expired.

Expert:  Stuart J replied 4 years ago.


I am not surprised that you are having problem with the patent
agent. What you have is not patentable. He may have dressed it up as patentable
to get it through a Patent Registration but it is simply not possible to patent
a different way of using something which already exists. This is well settled
law.

For example a hammer is used for knocking things in banging
things. You could not attach a piece of string to it and claim a patent by
drilling a hole in the handle (which already exists in many hammers) and saying
that you can now use it as a plumb line.



Patent applications are only concerned with unique features of
the product and your product (it is not a problem that it is not actually your
product but belonging to someone else) has no unique features.



You are simply using it in a different way.



Viagra is used for erectile dysfunction. The patent has now
expired



It does not become a whole new patent simply because it may
relieve pain in the knee.



I think you will probably find that is why the patent agent has
gone to ground because he has had his money and he can progress this no further



If you don't believe me, by all means get hold of (what will be
expensive) a Trademark Lawyer who does nothing else would expect to pay about
£350 per hour for the advice. You could also contact a barrister would give you
an advice would be about £800 for the advice plus VAT. I think you would be
lucky to find one outside central London.



I am sorry, I appreciate that this is not the answer you wanted
but there is no point in me misleading you.