When filing second medical use claims at the European Patent Office, companies have to overcome a number of hurdles. But the holders of such claims face even greater challenges when it comes to enforcing them against competing products.
The main reason is the complex interplay between the various players in the healthcare industry. In addition to patent law, product approval and social law also regulate the framework for second medical use claims. Pharmaceutical research companies complain that contradictory national regulations as well as different legislation in European states hinder effective enforcement. The companies thus have a number of different strategies to respond to the current situation.
At the same time, originators are demanding change from -national legislators and hoping for the establishment of the Unified Patent Court. They see this as a crucial milestone -towards harmonisation in the enforcement of second medical use claims.
For the JUVE Patent Insight report “Second Medical Use Claims”, JUVE Patent journalists interviewed representatives from Europe’s leading pharmaceutical research companies. They also spoke to selected judges and lawyers involved in second medical use lawsuits. The results are presented by JUVE Patent in association with the Düsseldorf-based patent firm Cohausz & Florack. JUVE Patent is responsible for the research and content of the report.