Patentschutz für Arzneimittel

In what situations may a doctor or pharmacist use only the original preparation and not a generic version, so as not to infringe a patent? This is an extremely relevant practical question. The present work analyzes, among other things to answer this question, how a substance can be protected by patent law for both initial and further medical uses (medical indications). Additionally, it examines in detail which specific actions infringe patents on medical indications and when a person qualifies as a participant in a patent infringement. One of the author's findings is that the special provisions of patent law concerning pharmaceuticals have no justification. Therefore, in the final part of the dissertation, he presents a proposal for a solution de lege ferenda. The work systematically considers both Swiss and European patent law.