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Patent Protection for Second Medical Uses, 2nd Edition

Patent Protection for Second Medical Uses, 2nd Edition

  • Author:
  • Publisher: Kluwer Law International
  • ISBN: 9789403509358
  • Published In: October 2020
  • Format: Hardback
  • Jurisdiction: International ? Disclaimer:
    Countri(es) stated herein are used as reference only
HKD 1,820.00
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  • Description 
  • Contents 
  • Details

    When a party proposes a ‘second medical use’ for a known substance or compound, special issues of patentability and patent protection arise. Jurisdictions around the world vary significantly in their treatment of such claims. This detailed country-by-country analysis – here in an updated and expanded second edition – provides clarity, insight and guidance on the legal issues and practical implications of second medical use claims in twenty-four jurisdictions (the EPO and twenty-three individual countries).

    The work is published under the auspices of the prestigious International Association for the Protection of Intellectual Property (AIPPI), and the authors of the country chapters have been carefully selected based on a broad basis of experience and in-depth knowledge about medical patents in their respective jurisdictions. Each chapter considers such issues and topics as the following:

    • 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 European Patent Office (EPO) addresses in particular the latest changes in the format of second medical use claims from ‘Swiss-type claims’ to EPC 2000 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 text of AIPPI’s Resolution Q238 (Congress Toronto 2014) which triggered this analysis initially is included at the end of the book.

    As a comparative law study and a collection of contributions from around the world on an important and controversial field, this book will prove to be of tremendous practical interest for patent lawyers and patent attorneys and for the industries involved. Applicants for pharmaceutical patents, third parties, and interested legal practitioners will benefit greatly from its thorough analysis and guidance when filing a patent application and assessing risks of conflict with existing patents or patent applications, and its detailed explanation of the key issues when enforcing such claims and defending against an action.

  • List of Contributors
    Foreword Felipe Claro
    Introduction Dr. Jochen Bühling
    European Patent Office Dr. Jürgen Meier
    Germany Dr. Jochen Bühling
    Switzerland Dr. Thierry Calame
    France Isabelle Romet, Dora Talvard
    The Netherlands Gertjan Kuipers
    Italy Lamberto Liuzzo, Bianca M. Gutierrez
    Sweden Jonas Westerberg
    Denmark Nicolai Lindgreen, Nicolaj Bording
    Poland Justyna Rasiewicz, Marta Sznajder
    United Kingdom Tim Powell, Dr. Penny Gilbert
    Israel Tal Band, Yair Ziv
    United States of America Dan Altman
    Canada Steven Garland, Dan Davies, Dr. Lei Liu
    Australia Sarah Matheson, Matthew Swinn
    Japan Dr. Shoichi Okuyama
    Republic of Korea Seong-Ki Kim, Yoon Suk Shin
    China Amy Feng, An Chen, Simon Tianle Luo
    India Hari Subramaniam
    Brazil Maria Carmen de Souza Brito
    Mexico Javier Uhthoff-Orive
    Resolution Question Q238

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