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Handbook Pharmaceutical, Biological and Chemical Patents

“After many years of intensive work, our Handbook Pharmaceutical, Biological and Chemical Patents is now in print and available in bookstores. Since a few days, it is also possible to acquire an electronic version.

Across nearly 1,300 pages, the handbook provides a comprehensive and practice-oriented analysis of German and European patent law as applied to (bio)chemical, pharmaceutical and life science inventions. It distills the guiding principles developed by the German Federal Court of Justice and the higher courts—principles that continue to shape both German and international patent law.”

Although the book has only just been released, a few first reviews have already appeared:


This book offers a timely and comprehensive analysis of one of the most complex and jurisdictionally fragmented issues within patent law as it applies to pharmaceutical inventions.In recent years, second medical use claims have gained increasing significance in patent filings and infringement litigation. However, the legal treatment of such claims varies considerably across jurisdictions. These differences involve not only the interpretation of claim scope and the conditions for asserting rights, but also the more fundamental issue of whether a second medical use claim would be considered infringed by a “skinny label” product.

Review:


Supplementary protection certifi cates (SPC) extend the effects of patents for medicinal products by a maximum of five and a half years, i.e. the certificate becomes effective at a time when the respective pharmaceutical is widely known on the market and thus generates the maximum revenue. This explains the enormous economic value of the SPCs. They protect some of the most valuable products in the pharmaceutical industry. The legal basis for the SPC for medicinal products is a European Regulation.

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