Pharmaceuticals

Enlarged Board of Appeal Confirms Prohibition on Double Patenting

  The Enlarged Board of Appeal has recently issued its decision in G4/19 on the issue of double patenting under the European Patent Convention. The Enlarged Board concluded that double patenting is prohibited under the EPC, which means it is not possible for the same applicant to obtain two patents...

Read more

Santen: A clear view of drug repurposing and a loss of sleep for those relying on Neurim

The CJEU has dealt a massive blow to the drug repurposing sector with its decision in Santen, stripping companies of their right to Supplementary Protection Certificates (SPCs), and overturning one of the most influential SPC cases of all time: Neurim. SPCs provide up to five years of market exclusivity for...

Read more

SPCs: What it means to be protected by a patent

Further guidance has come from the CJEU on the disclosure requirements in a patent of a medicinal drug for it to be awarded a Supplementary Protection Certificate (SPC), and the associated market exclusivity, in Europe. Unlike the case for infringement, it is not enough for the medicinal drug, or “product”,...

Read more

T1085/13: A crystal-clear test for purity

This recent decision from an EPO Board of Appeal is a rather satisfying development in how patentability (especially novelty) of purity claims is assessed at the EPO. This case may be seen as patentee-friendly, particularly for the pharmaceutical sector, as it likely extends protection for APIs. It will become especially...

Read more