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Second medical use
Article 24 May 2016

Protection and enforcement of second medical use claims

An article by Caroline Pallard (NLO) and Armand Killan (Bird&Bird) regarding the patentability of second or further medical use of substances or compositions, focusing on the Swiss-type claim and its successor, the purpose-limited product claim, as introduced by the EPC.

The article then turns to recent case law developments in the Netherlands in the field of Swiss-type claims. The authors take a close look at the case of Novartis v Sun regarding indirect infringement of Swiss-type claims. They conclude the article with providing insights as to the enforcement of such European patents.

Article 'Protection and enforcement of second medical use claims'
pdf - 393.43 KB

This article first appeared in IAM Life Sciences 2016, a supplement to Intellectual Asset Management, published by Globe Business Media Group – IP Division.