Primary and Secondary Patents

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khanhhienbi
Posts: 13
Joined: Thu Sep 03, 2020 9:49 am

Primary and Secondary Patents

Post by khanhhienbi » Mon Mar 13, 2023 6:03 pm

Dear PATSTAT community,

I am currently using PATSTAT Autumn 2022 edition. I am interested in understanding more about primary patents, i.e., patents on active ingredients, and secondary patents, i.e., patents filed on other aspects of active ingredients such as different dosage forms, formulations, production methods, etc. in later phases of the drug development.

I'm wondering if PATSTAT provides information on whether the patent application is primary or secondary? If yes, it would be great if you can show me with an example.

Many thanks for your time and support!
Hien


EPO / PATSTAT Support
Posts: 425
Joined: Thu Feb 22, 2007 5:33 pm
Contact:

Re: Primary and Secondary Patents

Post by EPO / PATSTAT Support » Thu Mar 30, 2023 4:36 pm

Hello Hien,
A second medical use (further medical use according to Article 54(5) EPC) means that the compound was used in the past as a medicament, but for the treatment of a different disease.
From classification point of view, there is no possibility to distinguish first or further medical uses, as in both cases an A61K31 class is given (when it concerns an organic compound):
https://worldwide.espacenet.com/patent/ ... =A61K31/00
If a small organic chemical compound (e.g. aspirin) is described for the first time (a novel compound), and the patent application also discloses its (first) medical use, then the compound will not be classified in A61K31, but in the corresponding C07 class, whereas the medical indication is classified in A61P, the classes that specifies the disease. In SQL, something like this:

Code: Select all

Select top 100  tls201_appln.appln_auth+tls201_appln.appln_nr application ,tls201_appln.appln_filing_date, appln_title
from tls201_appln join tls202_appln_title on tls201_appln.appln_id = tls202_appln_title.appln_id
where 
tls201_appln.docdb_family_id in (select docdb_family_id from tls225_docdb_fam_cpc where left(cpc_class_symbol,3) = 'C07')
and 
tls201_appln.docdb_family_id in (select docdb_family_id from tls225_docdb_fam_cpc where left(cpc_class_symbol,4) = 'A61P')
and appln_filing_date < '9999-12-31'
order by appln_filing_date desc
This rule is specific to (small) organic chemical compounds classified in CPC. In IPC however, novel small organic compounds disclosed for a first medical use will also receive an A61K31.
See the information in https://worldwide.espacenet.com/patent/ ... C=A61P1/00
But an A61K31 classification can also refer to a first medical use (for example, of a compound that was previously used as a katalysator).
PATSTAT Support Team
EPO - Vienna
patstat @ epo.org


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