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Pharmaceutical, Biological and Chemical Patents
Germany is a leading venue for patent litigation, with about 60% of European patent cases heard in its courts. Especially in pharmaceutical, biological, and chemical patents, German case law provides key interpretations and legal guidance, notably on issues like ‘state of the art’ and substance identification.
Pharmaceutical, Biological and Chemical Patents
The topic of pharmaceutical, biological and chemical patents is a special matter within European and German patent law. There are several structural alterations, like polymorphism and enantiomerism, leading to a derivative of a substance that is comprised in the prior art.
Infringement of Second Medical Use Claims
A skinny label application permits a generics manufacturer to seek market approval solely for the unpatented uses of the drug by excluding or carving out the patented use from the Summary of Product Characteristics and the product leaflet (or from its label).