THE PATENT IS THE PRODUCT
RESEARCH PLAN FOR PATENT
FILING
U.S.
Patent law establishes a blueprint for research aimed at patenting a new
chemical compound with medicinal properties in humans. The compound must be novel, which means that
it must be chemically identified, and then a patent search, as well as a Chemical
Abstract search, must show that no similar compound has been synthesized and
characterized anywhere in the world in the last 150 years. The specific tests to positively identify a
given compound will vary according to the atomic structure of the compound, but
general categories of compounds require similar tests.
A patentable compound must have demonstrable utility,
which in the case of medicinal compounds, has been defined by court ruling to
mean both in vitro tests and successful animal tests. An U.S. Appeals Court ruling has established
that reduction to practice for a medicinal compound occurs only after
successful completion of appropriate animal tests, so any patent filing
submitted without such data will fail on grounds of non-utility. Clinical
trials showing utility in humans are not necessary to obtain a valid U.S. patent.
There also exists the patent concept of broad versus
narrow patents. A broad patent is
granted to a novel group of compounds in which a new area of chemical entities with
novel properties has been discovered. A
narrow patent is granted where a new use for a known compound is sought. Broad patents have more commercial value than
narrow patents. With broad patents, the
rule is: show three examples, and claim
the world. Therefore, a search for
closely related compounds with biological activity is mandatory if a broad
patent is desired. Effectiveness against
a range of organisms allows broad claims of utility against entire classes of
organisms.
With these considerations in mind, a sequential course
of action would include the following steps:
Year One:
Set up the corporate structure to
retain the rights to any patents filed by the corporate entity. Retain a patent lawyer to review the
provisional patent as already written by Bayless. A prior art search and opinion as to the
patentability of the drug discovery is the first step. A provisional patent should then be filed, as
revised by the attorney. Provisional
patents are used a place-holders. If the
actual patent filing goes beyond the provisional patent in scope, the Patent
Office will disallow the broader claims, so the provisional patent should be as
broad as possible. Provisional patents
are good for one year. If the actual
patent is not filed within the one-year period, a second or third provisional
patent can be filed, but the priority filing date of the first or second
provisional patent is lost.
Cost: $50,000.
SYNTHESIS OF COMPOUNDS:
Once the provisional patent is filed, a preclinical drug
discovery company that specializes in synthesis and testing of compounds will
be located and hired (See Southern Research Institute at end for example). An NDA should be signed by the companies
selected, but the provisional patent does not have to be shared with them until
after a deal is signed. Once the legal requirements
are in place, synthesis of active ingredients, using both Method One and Method
Seventy-Four, will be conducted with the original compound as well as its analogs,
as selected by Bayless. Following
synthesis, precipitation and/or freeze-drying, the purification of active
ingredients will occur. Synthesis of
compounds will be an on-going process that may require two to four years to
complete. Research is not a linear
process, but a series of hop-scotch steps forward and back and sideways, making
it hard to forecast how long is long enough.
Cost:
$950,000.
Year
Two:
Biological testing should begin. As compounds are synthesized, they should be
tested in vitro against a range of micro-organisms in order to select
metabolically active compounds for further review. A biological testing
lab will have to be selected and hired to conduct such tests. (See Accugen Labs for example at end) Here again, the extent of in vitro testing
necessary to evaluate synthesized compounds is difficult to forecast at this
time. The obvious endpoint is when
sufficient testing is completed to support a broad patent. The patent attorney should have input here.
IN
VITRO BIOLOGICAL TESTS:
1.
Tests of synthesized compounds should be run to identify
which of
them possess inhibitory properties. Growth Inhibition Curves in liquid media
against a range of bacteria will accomplish this task.
2.
Toxicity screens of active compounds in yeast will reveal
toxicity profiles and
provide the Therapeutic Index on each candidate and allow
the selection those
that are both active and non-toxic.
3.
Additional tests, including Minimum Inhibitory
Concentration determinations as well as Growth Inhibition Curves in liquid media, and Zone of
Inhibition tests using solid media against a range of pathogenic Gram-positive
and Gram-negative organisms, both aerobic and non-aerobic, will establish which
compounds are worth the time and expense of characterization.
Cost: $1,000,000.
Year
Three:
Compounds which have in vitro activity
against bacteria, and a satisfactory Therapeutic Index, will then be
characterized by an Analytical Chemist.
The same lab that does the synthesis may perform the characterization,
or a different lab may be selected.
ANALYTICAL METHODS:
Once the
activity and toxicity profiles of active compounds have been established,
chemical characterization should occur.
By following this sequence, only active compounds go through the expense
of lab identification. Following
identification, a Chemical Abstract search by the patent attorney will confirm
the novelty of the group of compounds.
Typical tests for this group of compounds include:
1.
Ultraviolet spectroscopy with water as solvent.
2.
Paper chromatography,
using the ascending
technique with propanol-ethanol-water (40:40:20).
3.
Infrared spectroscopy to determine the molecular
composition of the compounds.
4.
Nuclear magnetic resonance to determine the structure of
the compounds.
5. Mass spectrometry for detection and
identification of components.
Cost: $1,000,000.
Year
Four:
Once
the compounds have been synthesized, tested in vitro, and characterized, they
should be tested in animals to provide evidenced for utility. An animal testing facility will have to be
located to conduct such testing. (See Idexx BioResearch for example at end).
ANIMAL TESTING:
Animal models for human disease exist, and appropriate
animals should be selected to demonstrate the ability of the compounds to
prevent death from pathogenic bacteria. Typically, animal testing first
involves establishing dosing levels, and then challenging the animal with
pathogenic bacteria while providing the drug to see if the animal
survives.
Therefore:
1. Determine maximum tolerated oral dose in the mouse
and rabbit.
2.
Perform Staphylococcus aureus (MRSA) and Escherichia coli (diarrhea)
challenge test in mouse and rabbit, and Francisella tularensis (Tularemia) and
Pasteurella mutocida (cholera) tests in rabbits. Dogs, cats, and pigs are also candidates for
testing.
ADDITIONAL IN VITRO TESTS:
3. Inhibition
screening on at least three normal human cell lines to provide a Therapeutic Index
for human cells.
4. Inhibition screening on lung, breast, and
prostate human tumor cell lines.
5. Inhibition
tests on at least three species of protists in liquid media.
6.
Inhibition tests on Canine Distemper, Measles, and Ebola viruses in
vitro.
Cost: $1,000,000.
Year Five:
Patent Filing.
Once the various synthesis, purification, analytical and biological
techniques are completed, U.S. patent(s) must be filed. Estimated time to completion from the
original filing: three years. PCT patent(s)
must be filed within one year of a U.S. patent application.
Once the patent is filed, potential licensing partners
can be contacted. A marketing manager
should be hired to lead this effort. Only
major pharmaceutical companies have the financial means to carry a drug
candidate through the FDA process to market.
Up-front money is usually paid at signing, with royalty payments as
negotiated. Joint ventures with major
pharmaceutical companies should be investigated as a possible alternative. Out-right sale is also possible, although
licensing and royalties generally result in more money to investors over
time.
Cost: $1,000,000.
SOUTHERN RESEARCH INSTITUTE
BIRMINGHAM, Ala. —Southern Research Institute conducts both contract
research and basic research for clients, providing preclinical drug discovery,
development, and clinical trial support services in cancer, infectious
diseases, and CNS/neurological disease to pharmaceutical and biotechnology
companies. Scientists conduct translational science to invent small molecules
and advance them from the design stage to the clinic. Services available
include medicinal chemistry, molecular biology, biochemistry, high-throughput
screening and a full set of in-house GLP development services including
toxicology, ADME/PK, animal models, formulations, and bioanalytical services.
About Southern Research
Southern Research Institute is a
not-for-profit 501(c)(3) scientific research organization founded in 1941 that
conducts preclinical drug discovery and development, advanced engineering
research in materials, systems development, and environment and energy
research. More than 550 scientific and engineering team members support clients
and partners in the pharmaceutical, biotechnology, defense, aerospace,
environmental and energy industries. Southern Research is headquartered in Birmingham, Ala., with facilities in Wilsonville, Ala., Frederick, Md., and Durham, NC and offices in Huntsville, Ala., New Orleans, La., and Washington, DC.
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