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