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ARTICLE · 10 MAY 2011

"Analogous Process Claims" In Norway – Challenges And Possibilities

Norway (in addition to Finland) only accepted product patents on active ingredients in medicaments from 1. January 1992.

NorwayIntellectual Property
Arne Lund Kvernheim
Arne Lund Kvernheim

Norway (in addition to Finland) only accepted product patents on active ingredients in medicaments from 1. January 1992. Prior to this date only "analogous method of preparation" type of claims where accepted. This means that we still have active patents in Norway comprising such claims until the end of 2011 and Supplementary Protection Certificates (SPCs) until the end of 2016 (July 2017 if pediatric extensions is included).Because of this Norway is an interesting market for producers of generic medicaments produced by synthetic routs which differ from, and thereby not infringe, the methods claimed and exemplified by the patent owner. There are several recent examples of copy medicines in the Norwegian market for which the patent owner has failed to stop the providers to enter the Norwegian market with their generic products.

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