Supreme Court Upholds The Worth Of Formulation Patents

Mondaq Business BriefingMexico Law Articles in English (2010)

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Supreme Court Upholds The Worth Of Formulation Patents

Earlier this year the Supreme Court issued welcome clarification on how the Linkage Regulation applies to formulation patents and their publication in the Linkage Gazette.

On 13th January 2010 the Supreme Court issued a groundbreaking decision on the interpretation of the Linkage Regulation, which has been in force for six years. The decision focused on whether the linkage system is limited to compound patents or whether it extends to product patents that cover pharmaceutical formulations. The Supreme Court ruled that formulation patents should be listed in the Linkage Gazette, as only process patents are excluded from the regulation.

Background

On 19th September 2003 ...

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