Overview

Nabarro looks at a recent case that gives the first signs that the UK may be about to dismantle the hurdle – unknown in mainland Europe – of ‘clearing the way’, which is put in the way of the launch of a generic pharmaceutical product.

This requires the would-be competitor to clear the way of potentially problematic patents by using the procedures for a declaration of non-infringement and/or revocation. This undoubtedly onerous obligation is a real commercial disincentive to a would-be competitor considering launching in the United Kingdom.

The recent case of Cephalon Inc v Orchid Europe may have begun to redress this.

To read Nabarro’s breakdown of the case and its impact on patents, click View Briefing.