IPPT20111124, CJEU, Georgetown University v Patent Office

Print this page 17-12-2011
IPPT20111124, CJEU, Georgetown University v Patent Office

PATENT LAW -  SPC

 

SPC possible for an active ingredient specified in the wording of the claims of the basic patent relied on, where the medicinal product for which the MA is submitted contains also other active ingredients.
• the answer to the question referred is that Article 3(b) of Regulation No 469/2009 must be interpreted as meaning that, provided the other requirements laid down in Article 3 are also met, that provision does not preclude the competent industrial property office of a Member State from granting a SPC for an active ingredient specified in the wording of the claims of the basic patent relied on, where the medicinal product for which the MA is submitted in support of the SPC application contains not only that active ingredient but also other active ingredients.
 

IPPT20111124, CJEU, Georgetown University v Patent Office