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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