Repurposing, repatenting ... and SPCs

The current issue (vol.10, no.4) of Lawtext Publishing's bimonthly Bio-Science Law Review contains one feature which may be of specific interest to readers of this weblog. It's an article entitled "Drug Repurposing and Repatenting" by Duncan Curley and Amanda Easey (Innovate Legal). According to the abstract,

"Sometimes, an ‘old’ pharmaceutical compound may be discovered to have new medical uses. The patent claims to the chemical structure of the compound per se may already have expired by the time that such ‘drug repurposing’ is explored. Patent protection for the new invention must therefore involve a claim to second or further medical indications (‘Swiss form’ patent claims). This article discusses the legal protection options for repurposed drugs in Europe, including a review of the current status of second and further medical use claims and the availability of supplementary protection".