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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Patent Protection for Second Medical Uses 2nd ed isbn 9789403509358

Patent Protection for Second Medical Uses

Edited by: Jochen Buhling

ISBN13: 9789041182531
New Edition ISBN: 9789403509358
Published: September 2016
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: Out of print



Patent Protection for Second Medical Uses explains the key jurisdictional differences and challenges in protecting and enforcing second medical use (SMU) claims.

This compendium of contributions from nineteen jurisdictions worldwide is the result of the need for a broader and more detailed exposition in SMU in order to allow comparison between jurisdictions.

What’s in this book:-

The authors have been carefully selected based on their experience and in-depth knowledge about medical patents in their respective jurisdictions. Each chapter considers such issues and topics as the following:-

  • availability of protection;
  • validity of claims;
  • scope of protection;
  • enforcement; and
  • infringement and investigations of SMU claims.

    This book provides a detailed country-by-country analysis by focusing on specific issues and national peculiarities that deviate from the European Patent Office (EPO) practice. The analysis starts with the availability of the protection for SMU claims and the legal basis these claims are based upon, and then continues with the scope of protection and infringement of SMU claims. A general chapter about the practice of the EPO addresses in particular the latest changes in the format of SMU claims from the ‘Swiss-type claims’ to the ‘EPC 2000 claims’.

    How this will help you:

    This book serves as a guide for filing a patent application by assessing the risks of conflict with existing patents or patent applications thereby enabling practitioners to be prepared for defending against infringement and enforcement procedures concerning SMU claims. As a comparative law study on an important and controversial field, this book is of tremendous practical interest for those involved in the industry. Applicants for pharmaceutical patents, third parties, and interested legal practitioners will benefit greatly from its thorough comparative analysis and guidance.

  • Subjects:
    Intellectual Property Law
    Contents:
    List of Contributors
    Foreword
    Felipe Claro
    Introduction
    Dr. Jochen Bühling
    European Patent Office
    Dr. Jürgen Meier
    Germany
    Dr. Jochen Bühling
    Switzerland
    Dr. Thierry Calame
    France
    Isabelle Romet, Dora Talvard
    The Netherlands
    Gertjan Kuipers
    Italy
    Lamberto Liuzzo, Bianca M. Gutierrez
    Sweden
    Jonas Westerberg
    Denmark
    Nicolai Lindgreen, Nicolaj Bording
    Poland
    Justyna Rasiewicz, Marta Sznajder
    United Kingdom
    Tim Powell, Dr. Penny Gilbert
    Israel
    Tal Band, Yair Ziv
    United States of America
    Dan Altman
    Canada
    Steven Garland, Dan Davies, Dr. Lei Liu
    Australia
    Sarah Matheson, Matthew Swinn
    Japan
    Dr. Shoichi Okuyama
    Republic of Korea
    Seong-Ki Kim, Yoon Suk Shin
    China
    Amy Feng, An Chen, Simon Tianle Luo
    India
    Hari Subramaniam
    Brazil
    Maria Carmen de Souza Brito
    Mexico
    Javier Uhthoff-Orive
    Resolution Question Q238