|European Case Law Identifier:||ECLI:EP:BA:2010:T142307.20100419|
|Date of decision:||19 April 2010|
|Case number:||T 1423/07|
|IPC class:||A61K 31/55|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Use of a specific cyclic amine derivative or the pharmaceutically acceptable salts thereof for the treatment or prevention of heart failure|
|Applicant name:||Boehringer Ingelheim Vetmedica GmbH|
|Headnote:||1. In view of the fact that there are no principles of law generally recognised in the Contracting States for refusing a patent application for double patenting, refusal of a European patent application for double patenting cannot be based on Article 125 EPC.
2. If double patenting arises from internal priority, the applicant has a legitimate interest in the grant of the subsequent application claiming priority from an already granted European application with identical claims and identical Designated Contracting States in view of the fact that the filing date and not the priority date is the relevant date for calculating the 20-year term of the patent.
3. Article 60 EPC cannot be used as a basis for refusing a European patent application for double patenting either. In particular, Article 60 EPC cannot be interpreted such that the inventor or his successor in title has a right to the grant of one and only one patent from the EPO for a particular invention, with the consequence that claims comprising subject-matter included in the claims of an already granted patent of the same applicant are refused no matter whether or not the applicant has a legitimate interest in the grant of the subsequent application.
|Relevant legal provisions:||
|Keywords:||Main request: refusal of the application for double patenting - (no)
No basis in the EPC
Date retrieved: 30 December 2018
15 references found.Click X to load a reference inside the current page, click on the title to open in a new page.
Offical Journal of the EPO
Case Law Book: II Conditions to be met by an Application
Case Law Book: IV Divisional Applications
XCLR IV B 3.9 of a European patent application under Article 97(2) EPC (former Article 97(1) EPC 1973)