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Supplying product information specifying that the product should only be used for a non-patented indication should be considered to be hydrocodone ultram taking a "reasonable step" for the purposes of avoiding infringement actions. Other "reasonable steps" may include package labelling and advertising material clearly stating the noninfringing purposes for which the product can be used.
Ultimately what constitutes a "reasonable step" will depend on the circumstances, and in the event of any infringement proceedings, would be a matter for the court. However policy can reduce uncertainty by providing 'deemed to fioricet medication online phentermine tramadol comply' status to certain practices. Thus for instance policy should specify that clear labelling of indications which does not include infringing uses will create a presumption against contributory infringement.
If a carve out is introduced, the Panel considers that there is sufficient guidance in court decisions regarding the meaning of "staple commercial product" and is not persuaded that further change to the legislation is required on this issue. Recommendation 6.4: Section 117 of the Patents Act should be amended to provide that the supply of a pharmaceutical product subject to a patent which is used for a non-patented indication will not amount to infringement where reasonable steps have been taken to ensure that the product will only be used in a non-infringing manner. Policy should further impose a presumption that "reasonable steps" have been taken where the product has been labelled with indications which do not include any infringing indications. Types of pharmaceutical inventions that can be extended 6.11.fioricet medication online phentermine tramadol 1.Pharmaceutical substance per se 188.8.131.52.Current law Section 70(2) of the Patents Act provides that an extension of term can only be granted for a "pharmaceutical substance per se", or for one or more "pharmaceutical substances when produced by a process involving the use of recombinant DNA technology.160 A pharmaceutical substance is defined in Schedule 1 of the Act as: A substance (including a mixture or compound of substances) for therapeutic use whose application (or one of whose applications) involves: (a)a chemical interaction, or physico-chemical interaction, with a human physiological system; or (b)action fioricet medication online phentermine tramadol on an infectious agent, or on a toxin or other poison, in a human body; but does not include a substance that is solely for use in in vitro diagnosis or in vitro testing. The purpose of india tramadol this was to limit extensions to pharmaceutical substances and not delivery systems, new uses of known pharmaceutical substances, or methods of manufacturing a pharmaceutical substance.161 184.108.40.206.Submissions Concerns fioricet medication online phentermine tramadol are raised in submissions about fioricet medication online phentermine tramadol the meaning of the term "pharmaceutical substance per se".
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