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ARTICLE · 22 APRIL 2025

The Continuing Debate Over Second Medical Use Patents

Dennemeyer & Associates S.A.
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As mentioned, such second or subsequent medical uses are recognized as being patentable in many countries, albeit with some jurisdictional peculiarities and several issues that still need to be addressed.

LuxembourgIntellectual Property
Maria Paola Pace Napoleone
Maria Paola Pace Napoleone
Luisa Currado
Luisa Currado
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Second or subsequent medical uses represent a salient category of patent claims in therapeutics, safeguarding the adoption of a known substance or compound for a new and specific medical purpose.

Besides benefitting more patients, repurposing existing drugs to treat different diseases provides further options for clinicians and can prove to be very successful for healthcare companies.

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Some well-known examples of second medical uses include:

  • Aspirin: Originally used as a painkiller (analgesic) and anti-inflammatory, aspirin was later found to be effective in reducing the risk of heart attacks and strokes.
  • Thalidomide: Initially used as a sedative and to treat morning sickness, thalidomide was later employed to treat leprosy and multiple myeloma.

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