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
You need a subscription to continue reading this content.
Start a subscription today to access the LSIPR website.
To access the full archive, digital magazines and special reports you will need to take out a paid subscription.
News stories up to a week old and feature articles on the day of publication are accessible with a BASIC FREE ACCOUNT.
Register here for free content, or subscribe for access to archive.
If you have already subscribed please login.
If you have any technical issues please email tech support.
For access to the complete website, archive, and to receive print publications, choose '12 MONTH SUBSCRIPTION'. For a free, two-week trial with full access, select ‘TWO WEEK FREE TRIAL’; and for basic access to the latest news on the website and weekly email news alerts choose the 'BASIC FREE ACCOUNT' registration.
EBA, dosage, posology, EPO, pharmaceuticals
