How Expensive is A Patent?

It held a European patent (“the Patent”) in respect of an anti-depressant drug, escitalopram. The Patent had a priority date of June 1988.

Accordingly it comprised the pure (+) enantiomer, whereas citalopram comprised both (+) and (-) enantiomers. The Patent comprised seven claims. Claim 1 was a product claim directed to the (+) enantiomer, claim 3 related to a pharmaceutical composition containing the claim 1 compound, and claim 6 related to a method of preparing that compound.

The claimants brought proceedings, seeking the revocation of the patent on account of the prior art drug, citalopram.

§ Claims 1 and 3 of the Patent were invalid for lack of novelty over the prior art patents;

The Patent not only recognised citalopram, namely the racemate, as old, but was also plainly directed at the isolation of its individual enantiomers.

In the circumstances of this case, claims 1 and 3 of the Patent were invalid for insufficiency. Claims 1 and 3 of the Patent covered all ways of making the (+) enantiomer.

Intellectual Property - Patent Dispute - Pharmaceuticals - Patent Invalidity - Generic Drugs

The expense associated with obtaining a patent for an invention or service can vary significantly. Related Fees Other costs are also associated with filing for a patent. Multiple claims may increase these numbers.