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Second medical indications and the Swiss-form claim: taming Frankenstein's monster: Part 1 - solving one problem creates another

Fisher, M; (2017) Second medical indications and the Swiss-form claim: taming Frankenstein's monster: Part 1 - solving one problem creates another. European Intellectual Property Review , 39 (9) pp. 574-581. Green open access

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Abstract

This, the first part of a three-part article, discusses the origins and evolution of Swiss-form claims, offering patent protection to secondary indications of known medicinal products, within the European patent system. Outlines the rationale for the introduction of the Swiss-form claim under the European Patent Convention 1973 art.54(5), and notes the concerns raised at its inception. Comments on how art.54(5) has been interpreted in case law.

Type: Article
Title: Second medical indications and the Swiss-form claim: taming Frankenstein's monster: Part 1 - solving one problem creates another
Open access status: An open access version is available from UCL Discovery
Publisher version: http://www.sweetandmaxwell.co.uk/Catalogue/Product...
Language: English
Additional information: This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions.
Keywords: European patents; Legal history; Pharmaceuticals; Swiss-type claims
UCL classification: UCL
UCL > Provost and Vice Provost Offices
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/1549681
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