Case law

Update on Clinical Trials as Prior Art against Pharma Patent in Europe

Chemistry Partner Dr. Holger Tostmann will present at the AIPLA Spring meeting (mid-May) on the increasingly important role of clinical trials as prior art against patents of the sponsors of these clinical trials. Both clinical trial documentation that has to be made public via an EU-wide clinical trial information system and the potential public use of compositions in these trials may become prior art.

An accompanying article published by Dr. Tostmann in the Newsletter of the AIPLA Chemical Practice Committee (see link) discusses the EU-wide regulatory background, the principles how clinical trials can become prior art for the two most important claim types of pharma patents, pertinent recent case law by the EPO Boards of Appeal and practice tips how to minimize the impact of the requirements to make clinical trials transparent on your patents.

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