Patent quest.

Q: I have been part of a team studying new ways of delivering drugs to patients, and, in particular, drugs that have low oral bioavailability. We have surprisingly found that some of these drugs may be delivered in the mouth when formulated as a chewing gum. This has tremendous potential for delivering these drugs to children. Can we protect this by a patent?

A: Almost anything under the sun can be patented in Canada, providing that what you have invented is new, is not an obvious improvement over what was known before, and is useful. Assuming that these requirements are met, you can likely protect your invention in a number of different ways by writing claims that would encompass the various aspects of what you have made. It is the claims of a patent that define the monopoly.

For instance, you could claim your invention as a chewing gum containing the drug. You could also claim a method of making the gum, and a claim to the use of the gum for delivering the drug to a patient. You could even claim a pack of the gum. However, what you cannot claim in Canada is a method of chewing the gum.

The Canadian Patent Office will not permit you to obtain a patent claiming a method of medical treatment. Similar laws prevent this type of claiming in a number of other countries as well. Not so in the U.S., however, where even chewing your gum (although perhaps not blowing bubbles) could be protected.

Lawyer and patent agent, Daphne C. Lainson, MCIC, answers your questions on patenting your discoveries. Send your questions to patentquest@accn.ca.

Daphne C. Lainson, MCIC, is a lawyer and patent agent with the law firm Smart & Biggar in Ottawa, ON. Smart & Biggar is Canada's largest firm practising exclusively in intellectual property and technology law.

Disclaimer: The preceding is intended as informational only, and does not constitute professional advice.