Integrating Public Health Concerns into Patent Legislation in Developing Countries
(2000; 140 pages) [French] [Spanish] View the PDF document
Table of Contents
View the documentTHE SOUTH CENTRE
View the documentFOREWORD
View the documentACKNOWLEDGEMENTS
View the documentGLOSSARY*
Open this folder and view contentsI. INTRODUCTION
Open this folder and view contentsII. PATENTABLE SUBJECT MATTER
Open this folder and view contentsIII. SCOPE OF CLAIMS
Open this folder and view contentsIV. PATENTABILITY REQUIREMENTS
Open this folder and view contentsV. SPECIAL CASES IN PHARMACEUTICALS
Open this folder and view contentsVI. DISCLOSURE
Close this folderVII. EXCEPTIONS TO EXCLUSIVE RIGHTS
Open this folder and view contentsVII.1 Experimental Use
Open this folder and view contentsVII.2 Early Working
Open this folder and view contentsVII.3 Parallel Imports
Close this folderVII.4 Individual Prescriptions
View the documentVII.4.1 Options - Individual Prescriptions
Open this folder and view contentsVIII. EXAMINATION AND OBSERVATION PROCEDURES
Open this folder and view contentsIX. CLAIMS INTERPRETATION
Open this folder and view contentsX. COMPULSORY LICENSING
View the documentXI. FINAL REMARKS
View the documentREFERENCES
View the documentBACK COVER
 

VII.4.1 Options - Individual Prescriptions

An exception relating to prescriptions for individual cases may be formulated as follows:

Individual Prescriptions
Model Option

The patent shall have no effect in relation to acts consisting of the preparation for individual cases, in a pharmacy or by a medical doctor, of a medicine in accordance with a medical prescription and in relation to acts concerning the medicine so prepared.

Several conditions need to be met in order for this exception to apply. They relate to the purpose of the medical preparation, the person that does it, and the existence of a medical prescription. These conditions considerably limit the scope of the exception, and exclude the possibility of its use to cover other commercial uses of a patented medicine.

 

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