Patentability of dosage regimens in Europe

First instance courts in France have adopted controversial interpretations of an important Enlarged Board of Appeal decision, says Stéphane Agasse.

Following decision G02/08 dated February 19, 2010, by which the Enlarged Board of Appeal (EBA) of the European Patent Office (EPO) recognised the patentability of a dosage regimen, its application in national jurisdictions was questionable, especially in France where the patentability of second or ‘nth’ medical use has always been contested and has never been strictly confirmed by a court. A first instance decision was rendered on this matter by the Paris Court on September 28, 2010.

Patentability of dosage regimes/posology: the EPO’s position

Evolution of the case law