Patents Act 1977 Second Medical Use Claims

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Second medical use claims in pharmaceutical patents - IAM

https://www.iam-media.com/global-guide/innovation-invention-yearbook/2021/article/second-medical-use-claims-in-pharmaceutical-patents-sharp-sword-or-toothless-tiger

As the European Court of Justice (ECJ) has just recently held in its Santen judgment (C-673/18), second medical use claims are also not eligible to pharmaceutical patent term extension via supplementary protection certificates. Second medical use claims In many European countries, second medical use claims were not permi… See more

Examination guidelines for patent applications relating to …

https://www.gov.uk/government/publications/examining-patent-applications-for-medical-inventions/examination-guidelines-for-patent-applications-relating-to-medical-inventions-in-the-intellectual-property-office

Where appropriate, amendment to acceptable first or second medical use claims should be sought for claims of this type. The use of a substance as an adjuvant or …

Second and subsequent medical use patent claims

https://www.lexisnexis.co.uk/legal/guidance/second-subsequent-medical-use-patent-claims

Background to medical use claims. Second (and subsequent) medical use patent claims are specific to the pharmaceutical/biotechnology industry and are …

2C Patent Law Session. Second Medical Use/Plausibility

https://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=1006&context=ipli_conf_27th_2019

the consent of the rightsholder is an infringement of the patent. The reason for this is that the industrial part of the claimed use is covered by the exclusive right of the proprietor …

G‑VI, 7.1 First or further medical use of known products

https://www.epo.org/law-practice/legal-texts/html/guidelines/e/g_vi_7_1.htm

Where a substance or composition is already known to have been used in a "first medical use", it may still be patentable under Art. 54 (5) for any second or further use in a …

Second Medical Use Claims - Kashish Intellectual Property Group

https://www.kashishworld.com/blog/second-medical-use-claims/

The second medical use patent may address the following concerns: The use of a known drug to treat a new disease (“Known drug/new disease”) In most patent claims, the …

List of patent claim types - Wikipedia

https://en.wikipedia.org/wiki/List_of_patent_claim_types

If it is later found to have a second medical use (such as combating hair loss), the discoverer of this property will want to protect that new use by obtaining a patent for it. However, the …

Second medical use patents and indication carve-outs

https://uk.practicallaw.thomsonreuters.com/0-561-9925?contextData=(sc.Default)

Second medical use claims Although the patentability of second medical use claims has been regarded for many years as settled, a recent challenge to that …

Second medical uses at the EPO - Kilburn & Strode

https://www.kilburnstrode.com/knowledge/covid-19/patents-second-medical-use-cases-at-the-epo

In this article, we consider so-called “second medical use” patents from the perspective of European patent law. Patenting second and subsequent medical uses. Where a substance or composition is …

Infringement of second medical use patents - Lexology

https://www.lexology.com/library/detail.aspx?g=2c545a65-069d-42e9-9cba-efad50487d80

Instead, it is held in Warner-Lambert that because a Swiss-type claim is a process claim, the judge treats the matter as a question of direct infringement under …

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