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
Close this folderII. PATENTABLE SUBJECT MATTER
View the documentII.1 Products
Open this folder and view contentsII.2 Substances Existing in Nature
Close this folderII.3 Uses
View the documentII.3.1 First indication
View the documentII.3.2 Second indication
View the documentII.3.3 Options - Uses
Open this folder and view contentsII.4 Methods for Treatment and Diagnostics
View the documentII.5 Traditional Medicines
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
Open this folder and view contentsVII. EXCEPTIONS TO EXCLUSIVE RIGHTS
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
 

II.3 Uses

Pharmaceutical patents rarely relate to new chemical entities, that is, active ingredients that represent a fresh contribution to the stock of products available for medicinal use. A great number of pharmaceutical patents protect processes of manufacture, formulations, systems of delivery, and new uses of a known product42.

42 See, e.g., Zaveri, 1998, p. 71.

A “use” claim may be either a product claim or a process claim, depending on the context. In Europe, first medical indications have been dealt with as a product claim, whereas the second medical indication as a process claim.

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