ARTICLE · 26 JUNE 2023

Second Medical Uses At The EPO

Kilburn & Strode

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The COVID-19 pandemic has highlighted the importance of investigating the use of known medications for the treatment of new diseases. Given the long road to clinical approval for new drugs...

United KingdomIntellectual Property

Origional article written in 2020. Uodated with recent law changes in 2023.

The COVID-19 pandemic has highlighted the importance of investigating the use of known medications for the treatment of new diseases. Given the long road to clinical approval for new drugs, the repurposing of existing drugs represents a promising avenue, particularly in the face of fast-moving pandemics. Patents protecting new uses of known drugs may also provide valuable protection for innovators after expiry of the initial composition-of-matter patent.

In this article, we consider so-called "second medical use" patents from the perspective of European patent law.

Patenting second and subsequent medical uses

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