E-DRUG: How to Search for Patents on Medicines SEARO Guide (2)
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Dear all:
The issue of determining patent status is indeed important
but also difficult. This problem plagues many entities such
as the procurement officers of ministries of health and
those such as Global Fund principal recipients. Searching
patent filings anywhere is not straightforward. For
example, many files are not digital and so paper searches
are necessary or there can be claims to consider.
Nonetheless, determining patent status is essential for any
purchaser of a pharmaceutical or any health product to
ensure that the generic can be purchased without undue risk
of a patent infringement claim.
As a lawyer and expert in the field of medical products
procurement, I applaud the SEARO WHO office and the author
of the guide for their desire to clarify this problematic
arena. Nonetheless, I express my alarm. My concern is this
guide risks placing readers in the position of unjustified
confidence that its use even as a starting point will lead
to any reliable information. Why would it be appropriate
to suggest that just anyone could conduct or begin patent
analysis? Such analysis is inherently legal in nature.
After all no one would tell a patient to go to plumber for
brain surgery even if only for a prep. In this realm the
best advice is to consult an expert in the field.
Instead of this self help guide, I wish the SEARO WHO office
and the author in the first place had urged the retention of
expert advice. Though not the most welcome direction,
obtaining professional expert advice is still the best route
to solving complex legal issues such as patent status.
Michele Forzley, JD, MPH
Global Public Health Lawyer, Consultant & Professor Widener
School of Law Health Law Institute
Protecting public health with governance and rule of law
principles
301-565-0680
michele@micheleforzley.com