Patent Protection for Second Medical Uses 3rd ed

Author: Jochen Buhling
Publisher: Kluwer Law International
ISBN: 9789403503295

Previous Edition ISBN: 9789403509358
Published In: April 2026
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

Patent Protection for Second Medical Uses, currently in its updated third edition, is published under the auspices of the prestigious International Association for the Protection of Intellectual Property (AIPPI) and the contributors of the country chapters have been carefully selected based on a broad basis of experience and comprehensive knowledge about medical patents in their respective jurisdictions. When a party proposes a ‘second medical use’ for a known substance or compound, special issues of patentability and patent protection arise. Jurisdictions globally vary significantly in their treatment of such claims. This in-depth country-by-country provides clarity, insight and guidance on the legal issues and practical implications of second medical use claims in twenty-four jurisdictions (the European Patent Office (EPO) and twenty-three individual countries).

What’s in this book:

Each chapter considers the following issues and topics:

availability of protection
validity of claims
scope of protection
enforcement
infringement and investigations, and
procedural aspects and tactical recommendations

A general chapter about the practice of the EPO addresses in particular the latest changes resulting from the format of the EPC2000 claims. Specific issues and peculiarities which deviate from the EPO practice are explained in the various national European chapters, while chapters on jurisdictions outside Europe cover both prosecution and enforcement of patents with second medical use claims. The latest developments in lawmaking and case law in various jurisdictions have been inserted. The text of AIPPI’s Resolution Q238 (Congress Toronto 2014) which triggered this analysis initially is included at the end of the book.

How this will help you:

As a comparative law study and a compendium of contributions worldwide on an important and controversial field, this book will be of immense pragmatic interest to patent lawyers, patent attorneys and the industries involved. Applicants for pharmaceutical patents, third parties, and interested legal practitioners will benefit greatly from its exhaustive analysis and guidance when filing a patent application and assessing risks of conflict with existing patents or patent applications and its in-depth explanation of the critical issues when enforcing such claims and defending against an action.

Introduction

Argentina

Australia

Belgium

Brazil

Canada

Chile

China

Denmark

European Patent Office

Finland

France