When public policies collide: the battle to enforce second medical use patents for drugs in Europe
26 March 2015
Author: Mike Snodin
SCRIP Regulatory Affairs (24 March 2015)
This article discusses very important judgements from courts in the UK and the Netherlands that are the first to address the issue of whether a second medical use patent can be infringed by a “skinny label” generic product. The various different conclusions reached by the courts are currently the subject of a great deal of debate. Whilst the article discusses key aspects of those conclusions, its main focus is upon what the author believes are practical lessons that can be learned from the decisions – which lessons can be used by innovators to help improve the chances of their second medical use patents being enforced against skinny label generic products.