Appeal from rejection of an application for a supplementary protection certificate in relation to a European Patent on the basis that the product the subject of the application was not ‘protected’ by the Patent within the meaning of the Article 3(a) of the Regulation. Citations: [2008] EWHC 1902 (Pat) Links: Bailii Statutes: Council Regulation (EEC) … Continue reading Re Council Regulation (EEC) No 1768/92: PatC 31 Jul 2008
Judges: Mr John Baldwin QC Citations: (2009) 32(9) IPD 32066, [2009] EWHC 1112 (Ch), [2010] RPC 5 Links: Bailii Jurisdiction: England and Wales Intellectual Property Updated: 18 August 2022; Ref: scu.415976
IPO Supplementary Protection Certificate number SPC/GB/01/013 in the name of Massachusetts Institute of Technology (MIT) (‘the holder’) had been granted contrary to the conditions laid down by Article 3 of Council Regulation (EEC) No. 1768/92 (‘the Regulation’). The holder was informed that this granted certificate was considered to be invalid under Article 15(1)(a) of the … Continue reading Massachusetts Institute of Technology (Mit) (Patent): IPO 20 Feb 2009
IPO Supplementary Protection Certificates – The co-applicants provided authorisations granted in Switzerland in support of their applications but reasoned that these authorisations extended to Liechtenstein and not the rest of the community such that the period of the certificates determined by Article 13(1) should not be calculated on the basis of these authorisations. This was … Continue reading Novartis Ag and Universtiy College London; Novartis Ag and Institute of Microbiology and Epidemiology (Patent): IPO 12 Feb 2003
ECJ Council Regulation (EEC) No 1768/92 – Medicinal products – Supplementary protection certificate – Articles 15 and 19 – Validity of Article 19 – Concept of first authorisation to place . . on the market in the Community – Legal effects of non-compliance with the relevant date referred to in Article 19. Citations: C-127/00, [2003] … Continue reading Hassle AB v Ratiopharm GmbH: ECJ 11 Dec 2003
IPO A combination of active ingredients emodepside and praziquantel, referred to as Profender (RTM), was the subject of supplementary protection certificate (SPC) application number SPC/GB/06/002 (‘the application’). The marketing authorisation on which the application is based is for the combination product emodepside and praziquantel. However, the patent on which the application is based clearly discloses … Continue reading Astellas Pharma Inc (Patent): IPO 20 Feb 2009
