The Patentability and Related Protection of Inventions for Second Medical Indications

Abstract

Nowadays purpose-related product protection is permitted for each second medical use inventions. In that manner the range of old dilemmas and inconsistencies relating to the format of German-type use claims and Swiss-type claims have been resolved. The introduction of purpose-related product protection resulted in the limitation of a physician’s activities. Therefore, in a number of countries the potential introduction of a solution, according to which physicians’ activities may be exempted from the effects of a patent under certain circumstances, is being analysed.