Title

Infringement of patents for new uses of known drugs: Lessons from recent cases

Date of this Version

4-13-2013

Document Type

Journal Article

Publication Details

Citation only

Van Caenegem, W. (2013). Infringement of patents for new uses of known drugs: Lessons from recent cases. Australian Intellectual Property Law, 187-190.

Access the journal

© Copyright, LexisNexis, 2013

2013 HERDC submission. FoR code: 180115

ISSN

1035-1353

Abstract

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.

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This document has been peer reviewed.