Posted by pseudoname on October 6, 2006, at 11:21:38
In reply to Scopolamine for depression - anticholinergic, posted by SLS on October 6, 2006, at 7:19:33
> A use-patent application for the use of scopolamine as an antidepressant agent has been filed.
I wondered what this means. After Googling some pages (below) I think that a "method-of-use" patent, if granted here, would mean that generic substitution for Transderm Scop® — at least by pharmacists — would not be legal if the patch were to be used as an antidepressant, whereas it would be legal for other, older uses (if any) for which patents had expired. BUT, apparently, your pdoc could write the original prescription for a generic version (if there is one) and you could still use it for depression.
Apparently method-of-use and other patents for drugs can be issued independently of FDA-approval for the uses of those drugs. U.S. courts will enforce a company's off-label use-patent (at least against pharmacists) even though the company cannot legally market that use anyway. Wow.
Unless you want the brand name (or don't pay for your meds), it pays to make sure that prescriptions are always written with the generic name. But I'm not sure there is a generic scopolamine patch, anyway.
• http://www.uspharmacist.com/oldformat.asp?url=newlook/files/Phar/pharmlaw_080601.htm&pub_id=8&article_id=761
• http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/CFRSearch.cfm?fr=314.53
poster:pseudoname
thread:692331
URL: http://www.dr-bob.org/babble/20061003/msgs/692395.html