حقوق ناشی از گواهی‌ ثبت اختراع و نحوه حمایت از کاربرد جدید دارویی

Nowadays, in proportion to the growth and industrialization of societies, the rights of inventors is one of the key tools for provides incentives to create so that most legal systems try to regulate this needs and prevent the violation of such rights. This has been emphasised by jurists, economists and policy makers since it contribute to the growth and progress of knowledge-based economy that is rooted in innovation and commercialization of inventions. Yet, the protection of medicine by patent systems has been challenging as the exclusive rights could reduce the access to medicine for the public. This is also the case for new medical application as it fit uneasily with the novelty criteria within the stantands of patent. This article reviews the recent development of patenting second and subsequent medical use in pharmecuical industy. Please cite this article as: Mirshamsi MH, Hormozi K, Afrasiab M. Patent Rights and Legal Protection of New Medical Application. Iran J Med Law 2017; 11(41): 165-180.