Dr Nicolas Ruiz
Intellectual Property Head, European Patent Attorney
In a multi-jurisdictional context, secure patent protection for further medical use arising from a new clinical development is challenging, depending on the background of the product and on the legal framework.
Are those “second medical use” claims enforceable, and are injunctions easily granted? What are the remedies to be expected?
Distortion coming from regulatory authorities and legal framework may be an additional barrier for a valuable protection of those further medical uses.