PATENT ASPECTS
Because both the compound and its activity are published, there would no longer an opportunity to patent pipercallosine or its use as an anaesthetic. Nevertheless, there are two commercial opportunities:
First, extracts of the plant, or the isolated compound could be developed as an over-the-counter toothache relief product, or herbal product. For that type of product, it would not be necessary to rely on patent protection. However there will be some exclusivity in the rights to use the genetic resources .
Secondly, the molecule presents a structural framework suitable for functionalization. There is clearly scope to synthesise novel derivatives of the compound, in an attempt to improve on its 'fair' activity. Those derivatives could then be patentable. In addition, there may be other constituents of the plant which may also be anaesthetic, or would provide a synergistic activity in the natural environment. Successful outcomes from such research is again likely to be patentable, providing basis for a pharmaceutical product for use as a hospital local anaesthetic.