Approach To '2nd Medical Use' Claims Varies Across EU

Law360, New York (September 30, 2015, 10:16 AM EDT) -- Alastair McCulloch

Christian Paul A number of recent court decisions across Europe have highlighted important gaps and a lack of consensus between key EU member states on the law regarding infringement of second medical use patents. The cases show that the requisite state of knowledge and/or the role of subjective intention in establishing infringement vary from country to country. The rulings also demonstrate how differences in the drug dispensing and reimbursement systems between different EU countries can influence the nature of the relief available.

Background

"Second medical use" patents seek to protect inventions for the use of a known pharmaceutical composition...

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