| European Case Law Identifier: | ECLI:EP:BA:2010:G000208.20100219 | ||||||||
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| Date of decision: | 19 February 2010 | ||||||||
| Case number: | G 0002/08 | ||||||||
| Application number: | 94306847.8 | ||||||||
| IPC class: | A61K 31/445 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
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| Title of application: | Nicotinic acid compositions for treating hyperlipidemia | ||||||||
| Applicant name: | Abbott Respiratory LLC | ||||||||
| Opponent name: | - | ||||||||
| Board: | EBA | ||||||||
| Headnote: | The questions referred to the Enlarged Board of Appeal are answered as follows: Question 1: Where it is already known to use a medicament to treat an illness, Article 54(5) EPC does not exclude that this medicament be patented for use in a different treatment by therapy of the same illness. Question 2: Such patenting is also not excluded where a dosage regime is the only feature claimed which is not comprised in the state of the art. Question 3: Where the subject matter of a claim is rendered novel only by a new therapeutic use of a medicament, such claim may no longer have the format of a so called Swiss-type claim as instituted by decision G 5/83. A time-limit of three months after publication of the present decision in the Official Journal of the European Patent Office is set in order that future applicants comply with this new situation. |
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| Keywords: | Admissibility of referral (yes) Applicable law Rules of interpretation of the EPC as an international treaty Respective domains of prohibition under Art. 53(c) EPC and permission under Art. 54(4) and (5) EPC) Intention of the legislator Notional novelty concept under Art. 54(4) and (5) EPC Meaning of any "specific use" under Art. 54(5) EPC Technical effect of a specific use Abolition of so called Swiss-type claims Time limit set for applicants to comply |
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Source: https://www.epo.org/law-practice/case-law-appeals/advanced-search.html
Date retrieved: 17 May 2021
104 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPC Articles
EPO Guidelines - D Opposition and Limitation/Revocation Procedures
EPO Guidelines - G Patentability
Offical Journal of the EPO
XOJ EPO SE 1/2021, p179 - Annex 1 - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2020)
XOJ EPO SE 1/2020, p174 - Annex 1 - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2019)
XOJ EPO SE 1/2019, p158 - XVI. - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2018)
XOJ EPO SE 4/2016, p258 - Notice from the European Patent Office dated 20 September 2010 concerning the non-acceptance of Swiss-type claims for second or further medical use following decision G 2/08 of the Enlarged Board of Appeal
XOJ EPO 2014, A76 - Interlocutory decision of Technical Board of Appeal 3.5.06 dated 24 February 2014
Case Law Book: I Patentability
Case Law Book: II Conditions to be met by an Application
Case Law Book: III Amendments
XCLR III A 5.2 Point in time from which a new decision which deviates from existing practice becomes generally applicable