Patents

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ich möchte einen EU Patent anmelden PCT Verfahren wurde schon abgeschlossen Welche gebühren kommen an mich zu Bin ich in diesem Forum richtig mit solchen Fragen? danke und viele Grüsse Joze

The Court of Appeal has now had a chance to look at Swiss claims in infringement proceedings, with some interesting results. Monsanto -v- Merck came before the Court of Appeal on an appeal from a decision to strike out the allegation that the Swiss claim was infringed. Monsanto alleged infringement of a patent for a non-steroidal anti-inflammatory drug (NSAID). One common side-effect of NSAIDs is gastric irritation and the patented class of product was said to reduce this side-effect. Although this was a new chemical class and so protectable per se, the patent also included at claim 20, a Swiss claim. The Swiss claim was in the form:

Can any one explain me in detail with examples regarding SPC provision for Patent in Europe?

The availability of pre-patent expiry provisions for working patents for the purposes of obtaining regulatory approval or other commercial purpose, generally in regard to pharmaceutical products, (sometimes referred to as Bolar provisions), varies throughout the world. The situation was initially unclear in the USA, and the subject of litigation in the Roche-Bolar case decided in 1984 (Roche Products Inc v. Bolar Pharmaceutical Co. Inc. 221 USPQ 937 (Fed. Cir. 1984)). The Court held that exception for experimental use must be construed narrowly, and that experimentation for pure speculative research was not infringement, but that as soon as the experiments were directed to a clear commercial goal, then infringement occurred.