| European Case Law Identifier: | ECLI:EP:BA:2017:T028212.20171109 | ||||||||
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| Date of decision: | 09 November 2017 | ||||||||
| Case number: | T 0282/12 | ||||||||
| Application number: | 05722417.2 | ||||||||
| IPC class: | A61K 9/40 A61K 9/44 |
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| Language of proceedings: | EN | ||||||||
| Distribution: | B | ||||||||
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| Title of application: | Rapidly disintegrating gelatinous coated tablets | ||||||||
| Applicant name: | Johnson & Johnson Consumer Inc. | ||||||||
| Opponent name: | Pfizer Inc. | ||||||||
| Board: | 3.3.07 | ||||||||
| Headnote: | - | ||||||||
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| Keywords: | Priority - priority claimed from an application which is not the first application Priority - partial priority Appeal decision - remittal to the department of first instance (yes) |
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| Catchwords: |
For reasons of consistency, the rationale of decision G 1/15 (concept of partial priority) must also apply in the context of deciding whether an application from which priority is claimed is the first application within the meaning of Article 87(1) EPC. Indeed, just as a priority application and a patent claiming priority therefrom may partially relate to the same invention, the priority application and an earlier application filed by the same applicant may also partially relate to the same invention. In that case, the priority application would be the first application in respect of only that part of the invention which is not the same as in the earlier application (see points 2.1 to 2.7). |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t120282eu1.html
Date retrieved: 17 May 2021