A niche blog dedicated to the issues that arise when supplementary protection certificates (SPCs) extend patents beyond their normal life -- and to the respective positions of patent owners, investors, competitors and consumers. The blog also addresses wider issues that may be of interest or use to those involved in the extension of patent rights. You can email The SPC Blog here

Wednesday 10 February 2010

Repurposing, repatenting ... and SPCs

The current issue (vol.10, no.4) of Lawtext Publishing's bimonthly Bio-Science Law Review contains one feature which may be of specific interest to readers of this weblog. It's an article entitled "Drug Repurposing and Repatenting" by Duncan Curley and Amanda Easey (Innovate Legal). According to the abstract,
"Sometimes, an ‘old’ pharmaceutical compound may be discovered to have new medical uses. The patent claims to the chemical structure of the compound per se may already have expired by the time that such ‘drug repurposing’ is explored. Patent protection for the new invention must therefore involve a claim to second or further medical indications (‘Swiss form’ patent claims). This article discusses the legal protection options for repurposed drugs in Europe, including a review of the current status of second and further medical use claims and the availability of supplementary protection".

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