Oxycodone, Federal Patent Court (Bundespatentgericht), 24 March 2009
Kluwer Patent Blog
March 24, 2009
Please refer to this post as:, ‘Oxycodone, Federal Patent Court (Bundespatentgericht), 24 March 2009’, Kluwer Patent Blog, March 24 2009, http://patentblog.kluweriplaw.com/2009/03/24/oxycodone-federal-patent-court-bundespatentgericht-24-march-2009/
The Federal Patent Court has decided that an inventive step according to Article 56 EPC is not established if the person skilled in the art has only to conduct routine exploratory analysis based on the prior art. Against this legal background the Federal Patent Court nullified the patent in suit arguing that in a situation where the prior art already teaches the formulation for a retard presentation of an active agent the retard formulation for the hydrochloride of this active agent could be found without involving inventive steps, especially if the prior art also teaches the formulation for a retard presentation of a hydrochlorid of a similar active agent.