Intellectual Property Client Alert: Supreme Court Expands Safe Harbor Exemption Definition for Preclinical Research
7/20/2005
The Supreme Court recently held that drug companies are exempt from patent infringement if they conduct certain types of preliminary research on patented compounds. Following this decision, drug companies will have more flexibility to determine the suitability of a patented compound for potential therapeutic use as long as the compounds will not be marketed until after a competitor's patent expires. This decision broadens the scope of the "safe harbor exemption."
For further information regarding this decision please click here.
