- Juan Arias, Almudena Fernández and André Santos give different clasess in the Master’s Degree in Drug Development, Production and Manufacturing (MFIR)
Pharmaceutical patents are undoubtedly one of the most interesting topics within industrial property. The students of the “Master in Drug Development, Production and Manufacturing” (MFIR) organized by ESAME Pharmaceutical Business School could verified it with the collaboration of some experts from ABG Intellectual Property.
The seventh promotion of this training consists of more than twenty students from disciplines related to Health Science. From ABG Intellectual Property´s side, we have been collaborating with ESAME Pharmaceutical Business School since 2010 as part of our formative commitment.
Pharmaceutical patents and their particular characteristics
On this occasion, the lessons at the Master in Development, Production and Manufacturing of Medicines (MFIR) have been divided into two training sessions held on 28 October and 2 November.
In the first session, André Santos, patent adviser in the Chemistry department of ABG Intellectual Property, made an introduction to patent systems and noted that one of the patentability requirements is the novelty of the invention. In order to verify that this requirement is met, André explained to the audience what patent databases exist and how to verify in them that mentioned requirement is met.
From here onwards, the conferences of ABG Intellectual Property members were focused on pharmaceutical patents and their particularities. In this respect, Almudena Fernández, partner of ABG in the Department of Chemistry, clarified that therapeutic methods are not patentable in Europe, but products used in such methods are. It also noted that there are two forms of protection:
- First medical use: protects the use of a known compound in the treatment of any disease: “Substance or composition X for use in medicine”
- Second medical use: protects the use of a known compound in the treatment of a particular disease: “Substance or composition X for use in the treatment of Y disease”
The Supplementary Protection Certificate (SCP)
With regard to drug patents, i.e. active ingredients, Almudena Fernández explained the figures of the Supplementary Certificate of Protection (SCP) and Paediatric Extension. “The patent’s operating time lost by regulatory requirements is compensated by SPC and may provide protection for up to 5 more years after patent expiration.”
Almudena Fernández said that, in the case of paediatric medicines, this maximum period could be extended by 6 months. That extension is called Paediatric Extension.
On the second day, ESAME MFIR students benefited from the experience of Juan Arias, one of the founding partners of ABG Intellectual Property, who is a former examiner of the European Patent Office (EPO). Juan presented to them real case studies of pharmaceutical patent litigation through which they were able to verify the importance of a correct drafting of the claims of a patent, the different possibilities of bringing legal action against a infringer, when it is interpreted that there has been a patent infringement, etc.
At ABG Intellectual Property we have a long history in the field of industrial property and pharmaceutical patents is part of our identity since the beginning of the firm. Sharing our knowledge with future professionals is our informative commitment and we are proud to contribute to their training.