The clinical trials and the 'experimental use exemption':Are the US and European patent systems getting harmonized?

摘要

Although many changes have been taking place in the last decade, the US and European patent systems are not at all harmonized and many differences still exist as regards both the specific law provisions and the national case law. In particular, one of the areas where no harmonization seems to have been achieved yet is that of the so-called "experimental use exemption"; although, due the EU Directive 2004/27/EC of March 31, 2004, it appears that something is going to change.