Patenting of Biosimilars?
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
E-mail: [email protected]
Received Date: August 06, 2014; Accepted Date: August 08, 2014; Published Date: August 13, 2014
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.
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.