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An Insight into the Patentability and Enforcement of Second Medical Use Patents in the EPO and English Courts Seminar
Marks & Clerk LLP, 62-68 Hills Road, Cambridge, CB2 1LA2 June 2016 2pm-5pm Jonathon Stafford, Marks & Clerk LLP and Trevor Crosse, Marks & Clerk Solicitors, will be presenting a talk on the patentability and enforcement of second use medical patents in the EPO and English Courts. Topics covered will include:- Patentability of second medical use claims at the EPO and the interpretation and enforcement of such claims, including discussion of the decisions that have shaped this area of the law.
- The standard of evidence required by the EPO in support of second medical use claims, including a review of the origins of the requirement for plausibility / credibility and examples of cases where the necessary standard was, or was not, considered to have been met.
- The rapid propagation of the requirement for plausibility into all aspects of English patent law, focusing particularly on the sufficiency of second medical use claims and including a discussion of the key English cases that culminated in the recent decision of Carr J in Actavis v Eli Lilly.
- Where both the EPO and the English courts have arguably gone wrong in relation to the standard of evidence for second medical use claims, the difficulties faced by applicants in knowing when to file, and the practical steps that can be taken to maximise the prospects of obtaining a valid second medical patent.
- Associated research questions and possibilities for interdisciplinary collaborations across Cambridge (led by Dr Kathy Liddell)