alexa Patenting of Biosimilars? | OMICS International| Abstract

ISSN: 2375-4516

Intellectual Property Rights: Open Access

  • Editorial   
  • Intel Prop Rights 2014, Vol 2(4): e106
  • DOI: 10.4172/2375-4516.1000e106

Patenting of Biosimilars?

Heinz Mueller*
Swiss Federal Institute of Intellectual Property, Bern, Switzerland
*Corresponding Author : Heinz Mueller, Swiss Federal Institute of Intellectual Property, Stauffacherstrasse 65, 3003 Bern, Switzerland, Tel: +41 31 377 7368, Email: [email protected]

Received Date: Aug 06, 2014 / Accepted Date: Aug 08, 2014 / Published Date: Aug 13, 2014


Patenting biosimilars before the expiration of the original patent might raise several questions for the original manufacturer as well as the biosimilar manufacturer. In general, the most eminent questions are the drafting of the original patent in a way to be protected against a wide range of similar products and for the biosimilar manufacturer to ensure that the similar product is new and inventive. Since so far no case law exists in Europe dealing with biosimilars, both manufactures are somewhat in an unclear and ambiguous situation when it comes to estimate the scope of claims of biopharmaceuticals.

Keywords: Biosimilars; Novelty; Inventive step; Case law

Citation: Mueller H (2014) Patenting of Biosimilars?. Intel Prop Rights 2: e106. Doi: 10.4172/2375-4516.1000e106

Copyright: ©2014 Mueller H. This is an open-access article distributed under the terms of the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.

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