In a recent Supreme court of Singapore decision in Zyfas Medical Co v Millennium Pharmaceuticals, Inc [2020] SGCA 84, court said that “the broad interpretation of reg 23(2) that included process patents was consonant with the legislative purpose of reg 23 as it was intended to give notice and protection to proprietors of relevant patents, whether they were product or process patents. There was no reason why product patents should be accorded more protection than process patents since a therapeutic product could infringe one or the other”.
The question is what patents would be deemed “relevant" and should be declared? And what about the later-filed process or other patents.
Patent linkage clearly help patentee to delay the generic competition.
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