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ARTICLE · 26 MAY 2026

Skinny Labelling – A “Loophole” Under Pressure?

Recent U.S. case law is reshaping the risks around skinny labelling strategies for generics. What was once seen as a safe regulatory pathway now raises new concerns about infringement

DenmarkIntellectual Property

Skinny Labelling – What to watch out for

Considerations from an IP perspective

During the development of a branded product, the aspirations for its use are often large and always hold great potential. Then reality and resources hit, and focus on one, potentially two indications is the outcome. Once proven effective in one indication, leading to a Marketing Authorisation (MA) with a specific label (e.g., paracetamol for the treatment of headache), other marketing authorisations for the same branded product may be obtained later.

The Patent Departments in pharmaceutical companies are always (or should be) part of the whole development process. I.e., from the discovery of the active ingredient to the specific uses of the active ingredient – and even post-launch!

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