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Does requesting and receiving approval for a pharmaceutical create a threat of patent infringement? A German perspective

  • Bird & Bird
  • -
  • Germany
  • -
  • February 28 2008

Under German law, neither the application for a marketing approval nor obtaining it constitutes a ‘use’ act under Section 9 German Patent Act

Federal Supreme Court of Germany decides on second medical use claims that relate to dosage recommendations

  • Bird & Bird
  • -
  • Germany
  • -
  • May 29 2007

In the decision Carvedilol II (file X ZR 23601), the Federal Supreme Court had to deal with the validity of the German part of a European patent that was defended with a main claim, the essential part of which reads as follows: “Use of Carvedilol for the manufacture of a medicament , wherein the medicament is administered in an initial dose of 3.125 mg , daily for a period of 7- 28 days .”

End of German Olanzapine battle: Federal Supreme Court upholds patent

  • Bird & Bird
  • -
  • Germany
  • -
  • March 11 2009

On December 16, 2008 the Federal Supreme Court gave its judgment determining the validity of the Olanzapine patent, this was further to its revocation by the Federal Patent Court at first instance

New ECJ reference in relation to supplementary protection certificates for medicinal products

  • Bird & Bird
  • -
  • European Union, Germany, United Kingdom
  • -
  • December 20 2007

The latest reference to the ECJ under Council Regulation (EEC) No 179892 concerning the creation of a supplementary protection certificate for medicinal products, which establishes the scheme by which supplementary protection certificates (SPCs) enable de facto patent term extension of up to 5 years to be secured for pharmaceuticals, concerns the time limit for filing an application for such an SPC