The Byzantine Logic of Patent Law Jurisprudence: Patent Protection for Dosage Regimes Revisited

The document from April 10, 2009, examines the evolving stance of UK courts and the European Patent Office (EPO) on the patentability of dosage regimes. It highlights a shift from the initial position that dosage regimes were unpatentable, as seen in the Bristol-Myers Squibb case, to a more recent perspective that supports patent protection for such regimes, as demonstrated in the Actavis v Merck case. The Court of Appeal in the UK, influenced by EPO decisions, ruled that a new dosage regime could indeed confer novelty on a Swiss form claim, which is a claim for a new medical use of a known substance. This decision was significant for the patenting of dosage regimes and suggested that research into new and better dosage regimes should be encouraged and potentially rewarded with patents. The document also notes that the Enlarged Board of Appeal (EBA) was considering related questions under the EPC 2000, which could further influence the patentability of treatment and dosage regimes.