Scope of protection of a patent directed to prodrugs, metabolites and the like

摘要

Pharmaceutical products are often metabolized in the body resulting in metabolites, which may be actual active pharmaceutical moieties. Alternatively, an innovator drug company may attempt to overcome solubility issues with the parent compound or to improve the absorption or pharmacokinetics of the parent compound, or alternatively to modify the drug to more resistant form. Such a modified form is sometimes called a 'prodrug'. Usually, a patent is often secured for the actual active moiety, and as such, the prodrug is usually outside the literal scope of the patented invention.