Title: Pharmaceutical inventions: when is the granting of a patent justified?

Authors: Carlos M. Correa

Addresses: Center for Interdisciplinary Studies of Industrial Property and Economics (CEIDIE), Law Faculty, University of Buenos Aires, Av. Figueroa Alcorta 2263, 1st floor (1425) Buenos Aires, Argentina

Abstract: The paper elaborates on the leeway left by the Agreement on Trade Related Aspects of Intellectual Property Rights to determine how the patentability requirements are applied, particularly for pharmaceuticals. In addition to claims on the active ingredients as such, numerous patents are applied in relation to pharmaceutical formulations, compositions, combinations, dosage forms, salts, polymorphs, optical isomers, metabolites, etc. Often claims encompass large families of compounds while |selection patents| cover a sub-group of previously disclosed compounds. The paper also briefly considers the case of second pharmaceutical indications. It contains some recommendations to handle these issues, taking public health interests into account.

Keywords: pharmaceutical patents; pharmaceutical inventions; patentability requirements; pharmaceutical formulations; pharmaceutical compositions; combinations; dosage forms; salts; polymorphs; optical isomers; metabolites; prodrugs; second indications; intellectual property management; IPM; Agreement on Trade-Related Aspects of Intellectual Property Rights; IPR; public health.

DOI: 10.1504/IJIPM.2006.011019

International Journal of Intellectual Property Management, 2006 Vol.1 No.1/2, pp.4 - 21

Published online: 03 Oct 2006 *

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