How do we charge royalties on method of use patents. Do we use prescription data from pharmacies. For the purposes of calculating royalties how do we prove whether and how anyone in posession of a drug actually uses it.
That's the point, under the current system you can't enforce a royalty. You could theoretically use e-medical records to detect infringement, but you can't build a business case on suing individual patients and doctors taking an old drug for a new indication. You could outlaw prescribing drugs off-label but that isn't politically feasible. Pharmacies and doctors are encouraged to automatically prescribe low cost generics where available vs a branded drug, by reference to the INN.
