Video overview:
The identification of specific sub-groups of patients to treat with a known drug, even if said patients may have been treated before with the drug, can yield patentable subject matter under the European Patent Convention. In this episode of HGF presents Laurence identifies the key case law that supports the ability to secure patent protection for known drugs for use in treating a known disease, but wherein the patient to be treated is purposefully selected based on a biomarker that, e.g., distinguishes responders from non-responders.
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