In the pharmaceutical and cosmetic sectors, innovation often stems from discovering new applications for known compounds. In these situations, an innovator cannot patent the compound itself since the compound itself is not novel. But they may still seek protection for its newly identified use. Critically the nature of the new use (e.g. therapeutic or cosmetic) determines the type of patent claims that can be pursued in Europe.
Therapeutic Or Cosmetic? Patent Strategies For Dual-Use Innovations
In the pharma and cosmetic sectors, innovation often arises from new uses for known compounds. While the compounds may not be patentable, their new applications can be. European law allows patents on substances used in medical methods, but not on the methods themselves.
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