SONN Patentanwälte – IP Attorneys

New, but obvious delivery form

In the prior art a study is known in which the patented active ingredient (fulvestrant) is already being used to treat breast cancer. Although this study only describes subcutaneous injections, it is logical to use this formulation for intramuscular injections as well. In order to achieve a long-term effect with the treatment with fulvestrant, the specialist has in any case an opportunity to look for further publications from which an exact formulation can be taken. A healthcare professional would therefore look for more recent publications in which the older one is cited, assessing the possibility and likelihood of finding it on a case-by-case basis. (Vienna Appeal Court 28.5.2018, 133 R 34/18z)