A ruling by the UK Supreme Court has clarified that discoveries made in the course of routine research can be patented.

European Pharmaceutical Review reported on the ruling given by Judge Hodge at the end of March, where he stated that discoveries made through well-established or routine research protocols can be inventive and therefore are patentable.

The UK Bioindustry Association (BIA) has welcomed the decision, after it intervened to ask the Supreme Court to think carefully about any decision it handed down in the wider ICOS vs Actavis case, fearing that a decision could have “unintended consequences” for companies involved in pre-clinical and clinical trials.

Dr Martin Turner, head of policy and public affairs at the BIA, explained why this decision is so important.

“The research and development of new medicines requires significant investment from companies so it is essential that they can protect the products of their investment through the patent system,” he asserted.

Earlier this year the European Patent Office (EPO) revealed that the number of patent filings within the EU climbed by 4.6 per cent in 2018, compared to a year earlier.

Patent applications within the pharmaceutical sector increased by 13.9 per cent last year, compared to 2017, the EPO revealed, while medical technology was named as the industry with the greatest number of patent applications at 13,795 in 2018.  If you’re developing a new product in this area and need pharmaceutical validation services, get in touch with us today to find out how you can utilise our expertise.