The Milan Court revoked a patent on the second medical use of a known drug because excerpts of the protocol of the clinical trials aimed at proving efficacy of the second use had been published before the relevant date in a scientific journal. The Court held that the outcome of the trials – which later became the subject matter of the patent – could not be considered surprising in view of the protocol described in the publication. Furthermore there could have been no prejudice because the first and second use of the known product were aimed at patients having diseases of the same type. In particular the carrying out – as such – of experiments cannot contribute to inventive step.

A full summary of this case has been published on Kluwer IP Law.



To make sure you do not miss out on regular updates from the Kluwer Patent Blog, please subscribe here.

Kluwer IP Law

The 2022 Future Ready Lawyer survey showed that 79% of lawyers think that the importance of legal technology will increase for next year. With Kluwer IP Law you can navigate the increasingly global practice of IP law with specialized, local and cross-border information and tools from every preferred location. Are you, as an IP professional, ready for the future?

Learn how Kluwer IP Law can support you.

Kluwer IP Law
This page as PDF