The Court of Justice clarified the requirements for grant of an SPC under Articles 3(a) and 3(b) of the SPC Regulation. According to the Court, on the basis of Article 3(a) an SPC cannot be granted for active ingredients not specified in the wording of the claims of the basic patent. With reference to Article 3(b), the Court held that an SPC can be granted for a combination of two active ingredients that correspond to those specified in the wording of the claims of the basic patent even if the medicinal product for which the marketing authorisation is submitted in support of the application for the SPC additionally contains other active ingredients.
Click here for the full text of this case. A summary of this case will be posted on http://www.KluwerIPCases.com.
_____________________________
To make sure you do not miss out on regular updates from the Kluwer Patent Blog, please subscribe here.
Kluwer IP Law
The 2022 Future Ready Lawyer survey showed that 79% of lawyers think that the importance of legal technology will increase for next year. With Kluwer IP Law you can navigate the increasingly global practice of IP law with specialized, local and cross-border information and tools from every preferred location. Are you, as an IP professional, ready for the future?
Learn how Kluwer IP Law can support you.