@article{50159,
      recid = {50159},
      author = {Filler, Mieke,},
      title = {The devil is in the divisional : an analysis of divisional  patents, deadlines, declarations and suggestions for future  practice.},
      pages = {1 online resource (pages 725-733)},
      abstract = {This article argues that divisional patent applications  and litigation are strategically employed in the  pharmaceutical sector to delay generic and biosimilar  market entry. These practices are given a legitimate basis  in the European Patent Convention and the Patents Act 1977,  but recent UK case law shows that their misuse results in  deliberate obfuscation of existing safeguards.   Nonetheless, patent law should not be passive. The  reintroduction of the divisional filing time limit coupled  with shorter compliance periods would offer practical  administrative steps for shortening the time frame within  which divisionals can be filed. Moreover, further clarity  surrounding the implementation of the double patenting  prohibition would reduce the number of substantially  similar divisional patents that are successfully obtained.   This article also discusses Arrow declarations at length,  before concluding with a brief analysis of the suitability  of the abuse of process doctrine for dealing with  divisional misuse.},
      url = {http://tind.wipo.int/record/50159},
      doi = {https://doi.org/10.1093/jiplp/jpae046},
}