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Scenarios for hiv drugs

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Reference no: EM132345061

Here are the scenarios for HIV drugs:

There are a lot of patents for HIV drugs.

If Company A has a patent for the HIV drug (the formula of the drug is Formula A). While Company B produced a new drug B (the formula is a combination of formula A and new formula B) (Given that Company B's drug is very effective).

1) Company A did not license the dug. Does it considered as infringement?

2) if Company A has licensed the drug (but the assignment clause did not include the 'right of invention improvement'). Does it considered as infringement?

Reference no: EM132345061

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