Purpose-Limited Pharmaceutical Product Claims Under the Revised European Patent Convention: A Camouflaged Attack on Generic Substitution?

The document discussed the implications of the 2000 revision of the European Patent Convention (EPC) on pharmaceutical patents, particularly concerning the introduction of purpose-limited product protection in Article 54(5). This change potentially extended patent protection for drugs, affecting the ability of physicians, veterinarians, nurses, and pharmacists to perform generic substitution without infringing patents. The authors argued that the Enlarged Board of Appeal of the European Patent Office should interpret this provision in a way that minimizes negative impacts on healthcare professionals and maintains their freedom to choose appropriate treatments. They proposed a specific approach to achieve this goal, emphasizing the need to balance patent protection with the accessibility of generic drugs.