Segundos usos médicos
Date | 31 October 2002 |
Author | Martín Bensadon |
Published date | 31 October 2002 |
Law Firm | Marval O'Farrell Mairal |
Esta norma es aplicable tanto a las solicitudes de patentes nuevas, como a las que se encuentran en trámite, y dispone que no se otorgará protección por patentes a los segundos usos médicos en los siguientes casos:
(i) reivindicaciones referidas al uso de un compuesto conocido para el tratamiento de una determinada enfermedad, porque este uso será considerado incluido en la prohibición de patentar métodos de tratamiento terapéutico contenida en la Ley de Patentes Nº 24.481;
(ii) reivindicaciones redactadas en el estilo “Swiss-type”, ya que el INPI considerará que la invención no cumple con el requisito de novedad;
(iii) reivindicaciones referidas a un proceso para la fabricación de un medicamento, cuando la novedad del proceso esté basada en un nuevo uso de un compuesto conocido, porque el INPI considerará que la invención no cumple con el...
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