2006P-0001
  

  
Date of Approval for Lunesta (Eszopiclone) Tablets
  


  

  

  


  

  
FDA Comment Number : 
  

  
EC5
  



  

  
Submitter : 
  

  
Mr. Gregory Osment
  

  
Date & Time: 
  

  
02/02/2006 10:02:09
  



  

  
Organization : 
  

  
Mr. Gregory Osment
  



  

  
Category : 
  

  
Association
  



  

  
Issue Areas/Comments 
  


  

  


  

  
GENERAL
  


  

  



  

  
GENERAL
  


  

  



  

  
 The United States Department of Health and Human Services and the United States Patent and Trademark Office have no legal authority to approve a prescription drug patent, for what was mentioned as a synonym. A registered trademark is mandatory for each prescription drug, along with a patent.



There is no legal basis presented for doing the above, and no legal basis is available. No case law has been presented which supports this theory of approving a synonym as a prescription drug in a patent.