Claim 1 of the opposed patent had a limitation to a range of values with a lower bound that was slightly higher than disclosed in the priority document. The Board refused to recognize priority. As the priority document was prior art, the claim lacked novelty. The proprietor filed an auxiliary request wherein protection at the…
The District Court of The Hague granted Mundipharma a provisional injunction against Sandoz for infringement of its patent for a controlled release oxycodon formulation. The District Court suspended its decision on the validity and infringement of the patent in the main action until a final decision has been rendered in the opposition proceedings. The Court…
1. The Enlarged Board of Appeal considered the meaning that is to be given to the exclusion of patents on methods for ‘treatment by surgery’ (Article 53(c) EPC). The current construction used by the boards and the EPO as any non-significant intervention on the structure of an organism by conservative procedures was found to be…
Following decision G 1/03, the Board concluded that a disclaimer that is used to remove subject-matter falling under the prohibition of Article 53(a) EPC in combination with Rule 28(c) EPC, is allowable. The full summary of this case has been published on Kluwer IP Law.
