Federal Administrative Court, Decision C-6518/2018 of 26 June 2020

28 July 2020 – In a recent decision, the Federal Administrative Court held that as a result of the amendments to the Health Insurance Ordinance (KVV) as of 1 March 2017 (in particular the amendment of article 65e para. 1 KVV), process patents can prevent a review after patent expiry. However, the Federal Administrative Court also held that this cannot apply if a generic product has already been included in the specialities list (SL). Despite valid process patents, in such a case a drug is considered to be patent expired, so that the TQV must be performed with a comparator product that is also patent expired. The appeal is dismissed. For the full decision, see https://jurispub.admin.ch/publiws/download;jsessionid=4075266495B7A59895397B9F7986AECC?decisionId=b05f82f7-510b-4297-9d45-0366decbbda3.