Retraction of withdrawal/BACTERIN, European Patent Office (EPO Board of Appeal), 16 November 2009
- By Bart van Weezenbeek,
for Kluwer IP Cases
Correction of a letter of withdrawal under Rule 139 EPC is only possible if the public has not yet been officially informed about the withdrawal.
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[...]Order of the requests/DA PONTE, European Patent Office (EPO Board of Appeal), 11 November 2009
- By Ferry van Looijengoed,
for Kluwer IP Cases
The patent proprietor appealed a decision of the Opposition Division, wherein the Opposition Division decided to maintain the patent in amended form. In appeal the patent proprietor filed a new main request and seven auxiliary requests. The second auxiliary request corresponded to the request that was found allowable by the Opposition Division. The Board of Appeal held that the Boards of Appeal were not necessarily bound by the numerical order of the requests as submitted by the patent proprietor. It was considered inconsistent with the nature of the appeal proceedings under the EPC that, when a higher-ranking request would be found allowable by the Board of Appeal, this would prevent a deci [...]
Measuring dialysis parameter, European Patent Office (EPO Board of Appeal), 11 November 2009
- By Lars de Haas,
for Kluwer IP Cases
In this case the board ruled that a claimed measurement method was excluded as a method of treatment by therapy under Article 53(c) EPC because it encompassed administering a compound that could have a therapeutic effect. It did not matter that the purpose of the relevant claim feature was not therapeutic, or that the proprietor submitted expert testimony that the dose used in practice did not have a therapeutic effect. Since the claim did not limit the dose range a therapeutic effect could not be excluded.
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[...]Stallergenes, District Court The Hague (Rechtbank Den Haag), 04 November 2009
- By Klaas de Vries,
for Kluwer IP Cases
The District Court of The Hague, Administrative Division, considers the granting of an SPC to a patent proprietor that does not possess a market authorization for a medicine protected by the patent, not to be in conformity with the purpose of the SPC Regulation on medicinal products (Regulation (EC) No. 469/2009).
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