Pharmaceutical Patents under the SPC Regulation

Hardback

Pharmaceutical Patents under the SPC Regulation

9781803927374 Edward Elgar Publishing
Ulla Callesen Klinge, PhD (Law), European Patent Attorney, M. Sc. (Chem. Eng.)
Publication Date:October 2022 ISBN:978 1 80392 737 4 Extent:c 192 pp
Written by an experienced European Patent Attorney and PhD (Law), this book sets out in detail the framework for protection of pharmaceutical innovation under the SPC Regulation. With a focus on both biotechnological innovation and secondary innovation, and through extensive reference to the case law, Ulla Klinge surveys the court’s evolving interpretation of legal and technical eligibility for this extended term of protection. This book provides clear and pragmatic tools to reflect and guide future practice, while offering key explanations and insights as to why and how technological developments challenge the legal SPC framework.

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Written by an experienced European Patent Attorney and PhD (Law), this book sets out in detail the framework for protection of pharmaceutical innovation under the SPC Regulation. With a focus on both biotechnological innovation and secondary innovation, and through extensive reference to the case law, Ulla Klinge surveys the court’s evolving interpretation of legal and technical eligibility for this extended term of protection. This book provides clear and pragmatic tools to reflect and guide future practice, while offering key explanations and insights as to why and how technological developments challenge the legal SPC framework.

Key Features:

• Broad, practitioner-oriented approach offers a useful source of reference alongside practical guidance
• Analysis of SPC case law in light of developments in pharmaceutical technology, including both legal and technical aspects of the cases
• Examination of the lack of clarity in interpretation of the legislation and how this might be exploited by stakeholders

Pharmaceutical Patents under the SPC Regulation is an indispensable practical resource for patent law practitioners, including patent attorneys and attorneys-at-law in the SPC field. It will also prove useful to national patent authorities, legislators, and academics working at the intersection between pharmaceuticals and legal research.
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