An SPC can only be granted if the product falls within the scope of protection of the basic patent. If the basic patent claims a combination of two known components (i.e.  a monoclonal antibody with a neoplastic agent), that combination is the patent’s contribution to the art. An individual component  is not equivalent to the patented combination and does not fall within the scope of protection of the basic patent.

Click here for the full text of this case. A summary of this case will be posted on http://www.KluwerIPCases.com.


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