Inventive step assessment in pharma cases: A series of decisions set new trends in France

In this article, Benjamin May, partner, and Tristan Lucas, associate, explore an emerging trend in the assessment of inventive steps for pharmaceutical patents in France.

The recent decision by the Paris Court regarding patent EP 2 493 466 on cabazitaxel highlights a growing scrutiny from French judges. This ruling illustrates how promising results from clinical trials influence the inventive step assessment, particularly focusing on the stage of trials and their duration.

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