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
Close this folderV. SPECIAL CASES IN PHARMACEUTICALS
View the documentV.1 Selection Patents
View the documentV.2 Prior Public Availability
View the documentV.3 Polymorphism
View the documentV.4 Analogy processes
View the documentV.5 Compositions
View the documentV.6 Optical Isomers
View the documentV.7 Active Metabolites
View the documentV.8 Prodrugs
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
 

V.2 Prior Public Availability

Where a product has already been available to the public, the composition or inner structure of the product can be deemed to belong to the state of the art even if not published, since the product could have been analyzed and reproduced by a skilled person99. This approach is also compatible with the TRIPs Agreement.

99 See, for instance, the decision of the EPO in G 1/92 of 18.12.92, OJ 1993, p. 277.

to previous section
to next section
 
 
The WHO Essential Medicines and Health Products Information Portal was designed and is maintained by Human Info NGO. Last updated: November 5, 2014