Expert: David Scott - 5/7/2001

Question
david
if i said i had a cure for the flu by putting together a certain number of drugs, how would i start getting this on the market?
would it be better to sell it to a pharmaceutical company or to try and produce and market the product myself (assuming it works)
also how would i go about patenting the idea so that no one could 'steel' it whilst trying to sell it to them?
             hope to here from you soon
                      many thanks
                          NEIL

Answer
Neil,
Excellent question.
You say you are combining a certain number of drugs.  This is different than combining "natural" herbal components.  So if you are, in fact, combining drugs, this is more attractive to the Pharmaceutical companies that own those drugs.  Are they manufactured by the same company?  Have they been on the market long enough to lose their patent?  Are there generic formulations of the drug?  Is there one main drug that your theory revolves around?  One of the Pharmaceutical companies that owns or manufactures one of the drugs you are using will want to know more about your idea.  You could either pitch the idea to them, but you will want to protect yourself by talking to a patent attorney.  If you do the research yourself, you will retain more control.  But all research must be conducted under specific conditions (Federal Guidelines, OSHA standards, Good Clinical Practice, etc.) or it will not be valid and you are violating State, Federal, and World guidelines (a punishable offense).  If you do the research yourself (or pay an independent facility) you will incur the cost, and it will be expensive...but a drug that fights the flu is Big Business and can be very profitable.  With my experience, I would recommend you sign a letter of confidentiality with a research scientist or independent dedicated research center and discuss feasibility, cost, and the reality of proceeding.  You may be able to work with that scientist or research center to conduct a valid, scientific study that can be part of your presentation to a pharmaceutical company, who would want to buy your idea and your data!  Buying you out (even if your price is high) is cheaper than trying to steal the idea and fighting it out in court (a losing battle if you have conducted research, which conclusively proves when you thought of the idea) and losing (any lawyer would give their child for the case.
I hope this helps.
David