Use of medicines for carved out indications - Time for a change in approach?

Abstract

All stake-holders in the pharmaceutical industry recognise that valuable new medicines can be obtained from investing in the research and development of new uses for existing drugs.  The present system of awarding second medical use patents to originators which develop new and inventive medicines from known drugs does not provide sufficient incentive to this part of the industry.  Moreover the status of second medical use patents is so uncertain that generics do not know where they stand.  A solution which provides proper protection to second medical use patents is required to bring certainty and fairness to all involved in the industry to the ultimate benefit of patients.