Two recent Enlarged Board of Appeal decisions provide new guidelines on how to interpret the extent of exceptions to patentability before the European Patent Office, says Annelise Holme.
Two recent Enlarged Board of Appeal decisions provide new guidelines on how to interpret the extent of exceptions to patentability before the European Patent Office, says Annelise Holme.
In decision G2/08 of February 19, 2010, the Enlarged Board of Appeal interpreted the scope of Article 54(5) of the revised European Patent Convention (EPC), which entered into force on December 13, 2007. The board concluded that Article 54(5) does not prevent patenting a medicament when it is used for treating a condition as long as the treatment differs from the existing option by providing a new mode of administration, such as where a dosage regime is the only feature claimed that is not disclosed in the state of the art.
The relevant patent application related to the use of nicotinic acid or a compound metabolised to nicotinic acid for the manufacture of a sustainedrelease treatment hyperlipidaemia. The treatment was to be orally administered once per day prior to sleep.
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Patentability, EPO, surgical developments
