Because so many homeopathic medicaments have been in use for a very
long time, homeopathic medicine suppliers and practitioners don't always
think of patenting new formulations. However, homeopathic formulations
are patentable, and effective protection can be secured with a carefully
drafted application.
Homeopathic medicaments are approved for use and inclusion in the
Homeopathic Pharmacopoeia by the Homeopathic Pharmacopoeia Convention. A
large number of medicaments were included in the Homeopathic
Pharmacopoeia because of their successful historical use. However, new
formulations are also being approved and added, and these can be
patented. Seeking patent protection is important because of the
significant research needed to find a particularly effective
formulation.
A good patent application for a homeopathic medicament includes a
thorough description of the ingredients and their preparation, a listing
of the formulation variations and ranges, delivery methods, and
examples of successful use and other test results. The medicament should
then be claimed to distinguish it from earlier similar formulations.
Homeopathic medicines are often claimed in the form "A medicament
comprising a homeopathically potentised form of (the ingredients and
doses)." Additional claims are then added specifying various
formulations and variations of the ingredients and doses. The
ingredients will often appear in the formulations of other homeopathic
medicines. The Homeopathic Pharmacopoeia should be consulted to assure
that the proposed formulation is not too similar to prior formulations.
Most professional patent searchers and patent attorneys don't have this
particular expertise, so a homeopathic practitioner should be consulted.
In addition, a patent search should be performed, focusing on the
particular ingredients. This will uncover potentially similar uses of
the ingredients in non-homeopathic remedies such as herbal supplements. The claims should be written to distinguish the new medicament from all previous formulations.
After the independent claims are written, a description of the
medicament should be drafted. The description should include tables
showing examples of formulation variations, ranges of acceptable
formulation variations, or both. These tables and ranges can then be
used to draft the dependent claims. The variations should include both
broad ranges of formulations as well as narrower ranges around
well-tested and successful formulations.
The delivery method should also be described. These methods may not be
claimed, but it can be useful later on to have mentioned the various
internal and topical ways that the medicament could be used.
Finally, the application should include examples of successful outcomes
resulting from the use of the formulation or its ingredients. These can
include organized studies, successful uses by an individual, and
evidence of the efficacy of the ingredients outside of the formulation.
The patent office does not evaluate or approve clinical effectiveness,
but patent examiners like to see that there is a good reason for
patenting the formulation.
holistic definitions
