ILO Intellectual Property - Austria

Intellectual Property / IP & IT

Patent protection: pharmaceutical product versus dietary supplement

In a recent decision the Supreme Court evaluated the scope of patent protection of so-called ´Swiss-type claims´ and infringements constituted by dietary supplements, thereby interpreting the European Patent Convention on a national level. A Swiss-type claim is intended to cover subsequent medical use (or indication of efficacy) of a known substance or composition. 


Dr. Ferdinand Graf

LL.M. (NYU) Partner