1.3 Product derivatives
What are product derivatives?
Product derivatives are similar to the original product but nevertheless not identical because of their slightly different chemical structures. They are slight variations on pharmaceutical composition or behaviour. Compared to new uses, product derivatives do not concern different uses of the same product. They are different forms of a product, which are similar to the original product but not identical. Derivatives may involve the creation of new chemical entities (NCEs), while new uses of existing pharmaceutical products will not.
The Fluconazole example
The Fluconazole example below demonstrates well what product derivatives are. Picture 1 shows a fungicide which was first developed and patented by Imperial Chemical Industries Plc (London). Picture 2 demonstrates a similar product developed by Pfizer which had - compared to Imperial's invention - less side effects. Pfizer had just replaced the chemical substance fluorine with chlorine and was therefore granted a new patent on Fluconazole, which is marketed as Diflucan. This later granted patent does not extend to Imperial's patent. They are not interrelated.
![]() |
|
Picture 1 | Picture 2 |
