The drug company Merck has been involved in patent disputes with patients over thyroid drugs. A Paris appeals court has ruled that patients cannot Sue drug companies in France over their patents. The court said, Because patients are not competitors, They lack a commercial basis.

        In France, The court does not allow anyone to file a patent suit. In a recent ruling, The Paris appeals court ruled that the plaintiff must be a competitor, May prove a commercial conflict of interest. The dispute has already made waves over patients' right to information.

        French practice with the European Patent Office (EPO) , Even German procedures run in the opposite direction, in EPO Or Germany, "Scarecrow objection (strawman opposition) " Very common.

        The important ruling is the result of a dispute between Merck and a group of patients, Patients said they could not tolerate the company's modification of an anti-thyroid drug.

        Patients sued Merck

        In order to make the active ingredient levothyroxine sodium (Levothyroxine sodium) The concentration of the tablets 3 More stable within the annual shelf life, Less change, Merck changed its blockbuster drug, Unicoline (Euthyrox) Composition of. Merck uses mannitol (mannitol) Citric acid (citric acid) Lactose substitute excipient (lactose) .

        The active ingredient, levothyroxine sodium, remains unchanged. Merck filed a patent application for the new ingredient (The patent number is EP2885005) .

        A large number of patients took the anti-thyroid drug Eumethylbenzene for a long time. According to media reports, France alone has them 300 Ten thousand patients. 2017 years, Merck has launched a new formulation in the French market. result, Thousands of patients sued the company, Because they thought they knew little about the new formula, But the prosecution was unsuccessful.

        Patients say they can't tolerate the new formula. specifically, They suffer from hyperthyroidism (hyperthyroidism) A common side effect of treatment drugs.

        70 Multiple patients challenged the patent

        After losing the lawsuit, 70 Multiple patients' complaints about Merck's No EP2885005 Patent No. 1 challenges.

        In response to the ruling of the Paris Court of Appeal, The patients are likely to appeal to the Supreme Court.

        (Compiled from www. juve-patent. com)

        Reprinted from China Intellectual Property Network   translation: Rason group　proofread: Wang Dan

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