On 6/5/97, Val Dietrich <dietrich[_at_]earthlink.net> wrote:
>
> Mr. Agins perspective brought to mind other examples that I am curious
> about. What about the persons that discovered the statistical correlation
> between taking aspirin and reducing the risk of heart attacks or between
> taking ibuprofin and reducing the risk of alzheimers? Is there some form
> of patent protection available to them?
Possibly, assuming that the treatment meets the other statutory criteria (non-obviousness, utility, novelty). Method of treatment claims are fairly common in pharmaceutical patents.
> If so, given the alternative uses for those medications, wouldn't
> it be difficult to draft the patent focused on making manufacturers
> the infringers?
Yes. That is why product claims are almost always prefereable to process claims -- the latter are extremely difficulty to police.
> Would consumers that take the medications solely for reducing such
> risks be the most likely infringers?
They would likely be infringers, depending on how the claim was drafted. But they would be extremely difficult to catch. With a product claim, one can go after the source rather than the end-user.
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