Saint Gobain—patron of pharmaceutical patentees?

摘要

In recent years there has been much complaint from originating pharmaceutical companies that the test of obviousness applied in the UK, as evidenced by decisions of the Patent Court on pharmaceutical related patents, is set unfairly low. This is of particular impact where ‘formulation’ type patents are concerned. That is, typically, those patents that claim an existing active ingredient mixed, formulated, or combined with other known components or in a different way. Pharmaceutical companies complain that the vulnerability of such patents against invalidity proceedings in the UK fails to protect the considerable investment made in the development of these formulations against generic competition.