Court of Appeal Can Overrule Itself to Follow the EPO: UK Adopts EPO Stance on Second Medical Use Claims

    July 2008 in “ Journal of Intellectual Property Law & Practice ”
    Frederick Ch'en, Ian Karet
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    TLDR The UK Court of Appeal ruled that new dosing regimens for drugs can be patented, aligning with the European Patent Office's approach.
    The UK Court of Appeal decided that patents can be granted for new dosing regimens of pharmaceuticals, aligning with the European Patent Office's stance. The case centered on Merck's finasteride patents for treating male pattern baldness with a novel low dosage for androgenic alopecia. The Court determined that such a dosing regimen could be considered novel and non-obvious at the time of priority, even if it might have been obvious previously. This ruling is significant for UK patent law as it expands the possibilities for patenting new uses of existing drugs and brings UK practices in line with those of the EPO, thereby increasing legal certainty in the field of patents.
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