Sunrise Seminar I: Second Medical Use & UK Plausibility
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Moderator:
Bristows LLP, London
Speakers:
Court of Appeal, London
Plausibility: A New Ground of Revocation?
The notion that a claimed invention must be made plausible by the specification is one which is not to be found in the Patents Act 1977. It has its origin in the need to prevent speculative claiming, particularly at the application stage. But it has slightly surprising consequences where the speculation turns out to be correct, and the patent therefore covers a valuable invention. The patent is not insufficient in the classical sense, or obvious, but fails for being “implausible”. Should this be so?
Presentation
Allen & Overy LLP, London
Second Medical Use Patents and Their Value
Being involved in one of the largest second medical use patent disputes in Europe, Nicola Dagg will explore the legal importance of these types of disputes in their commercial context for pharmaceutical innovators and research and development, particularly the role of plausibility in second medical use patent validity in the UK and elsewhere.
Presentation
Panelists:
Jürgen Dressel
Head of Global Patent Litigation Strategy, Novartis Pharma AG, Basel
Hon. Rian Kalden
Court of Appeal of The Hague, The Hague
Dr. Christine Kanz
HOYNG ROKH MONEGIER, Düsseldorf
Dr. Ute Kilger
Boehmert & Boehmert, Berlin
Clifford Chance, Barcelona
