Reformulating IP plans

The European Court of Justice recently ruled that the patent extensions known as Supplementary Protection Certificates will not be granted for reformulated products when the vehicle does not impart its own therapeutic effect. While the decision hasn’t drawn much attention, it could force companies to rethink their European patenting and line extension strategies.

Attorneys and drug delivery players say they expect the decision to broadly affect companies developing new formulations of previously approved drugs, ranging from polymer-based products to liposomal formulations to various extended-release molecules. It also will affect companies that use drug delivery as part of their life cycle management strategy...