Second medical use patents and their potential for society and research

Düsseldorf, June 10, 2021 – The enforceability of second medical use claims is an important driver of medical research in Europe. The strategies adopted by the pharma industry in this area are the topic of the JUVE Patent Insight Report “Second medical use: Current prosecution and enforcement strategies of pharmaceutical inventors in Europe”, published by Cohausz & Florack (C&F) in partnership with JUVE Patent.

In the study, the authors show what important, sometimes life-saving medical developments only came about because new fields of application opened up for a drug. They outline the challenges that patent holders face in enforcing second medical use patents in Europe today and the solutions that are being developed against the backdrop of what are sometimes conflicting regulations in Europe. The study is based on interviews with patent judges, patent attorneys, and other IP experts as well as heads of renowned pharmaceutical companies.

“Companies still have to overcome many hurdles if they want to enforce claims from second medical use patents and hold their own against the competition,” says Dr. Natalie Kirchhofer, patent attorney and partner at C&F. “With this study, we want to draw attention to the huge potential of second medical use patents and highlight their benefit for society and research,” says Dr. Arwed Burrichter, patent attorney and partner at C&F.

The JUVE Patent Insight Report “Second medical use: Current prosecution and enforcement strategies of pharmaceutical inventors in Europe” is available free of charge at the following link:

Current prosecution and enforcement strategies of pharmaceutical inventors in Europe – JUVE Patent (juve-patent.com)

Picture credits: Paulista – AdobeStock.com