Infringement of patents for new uses of known drugs: Lessons from recent cases
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In Australia, a patent may be granted for a new therapeutic use of a known drug, or for new dosage regimes or administrations of known drugs. This article looks at three recent cases where the Federal Court considered what amounts to infringement of these patents. They are infringed only if the medication is prescribed or supplied for the new therapeutic purpose (a new indication), and not if they are prescribed to treat some other condition.
This document has been peer reviewed.