Jochen Buhling – författare

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 the updated third edition - 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).The book 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 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; andprocedural 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.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.

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 the updated third edition - 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).The book 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 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; andprocedural 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.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.

AIPPI Series, Volume Number 2.

The second edition of Patent Protection for Second Medical Uses is a practical guide on the ever-relevant and controversial topic ‘Second Medical Use’ (SMU) patents, which play a significant role in the potential second-line patent protection and have become increasingly important. This edition’s analysis sheds light on the availability of protection for second medical use claims and its legal basis, followed by a detailed look at the specifics of various jurisdictions. Following the abandoning of ‘Swiss-type claims’ at the European Patent Office (EPO), applicants had to develop new filing strategies while such claims are still allowable in a number of national jurisdictions worldwide; the consequences of this have not yet fully been explored in practice. Jurisdictions around the world show significant differences in the treatment of such claims, although they share common approaches in patent law overall. This second edition furnishes a detailed and elaborate analysis, providing clarity, insight and guidance on legal issues and practical implications of SMU claims in twenty-four jurisdictions (the EPO and twenty-three individual countries).

What’s in this book: This book, published under the aegis of the esteemed International Association for the Protection of Intellectual Property (AIPPI), contains a chapter-wise analysis by carefully chosen authors known for their expertise and experience in this field. Each chapter highlights such issues and topics as the following:

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

The AIPPI studied certain aspects of second medical use claims on the occasion of its Congress in Toronto in 2014. This led to its Resolution Q 238 – ‘Second medical use and other second indication claims’, which triggered this comparative law analysis and a copy of which is found at the end of this book.

How this will help you: This book is an enlightening compendium of contributions from across the globe. It not only renders guidance to interested legal practitioners when filing a patent application and assessing risks of conflict with existing patents or patent applications but also explains the key issues and contains practical advice when enforcing such claims or defending against an action. Also, this book will prove to be of immense practical interest for patent lawyers and patent attorneys and for the industries involved, applicants for pharmaceutical patents and third parties.