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12.2.2018 |
EN |
Official Journal of the European Union |
C 52/20 |
Request for a preliminary ruling from the Bundespatentgericht (Germany) lodged on 21 November 2017 — QH
(Case C-650/17)
(2018/C 052/28)
Language of the case: German
Referring court
Bundespatentgericht
Parties to the main proceedings
Applicant: QH
Questions referred
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1. |
Is a product protected by a basic patent in force pursuant to Article 3(a) of Regulation (EC) No 469/2009 (1) only if it forms part of the subject matter of protection defined by the claims and is thus provided to the expert as a specific embodiment? |
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2. |
Is it not therefore sufficient for the requirements of Article 3(a) of Regulation (EC) No 469/2009 if the product in question satisfies the general functional definition of a class of active ingredients in the claims, but is not otherwise indicated in individualised form as a specific embodiment of the method protected by the basic patent? |
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3. |
Is a product not protected by a basic patent in force under Article 3(a) of Regulation (EC) No 469/2009 if it is covered by the functional definition in the claims, but was developed only after the filing date of the basic patent as a result of an independent inventive step? |
(1) Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products (Codified version) (Text with EEA relevance) (OJ 2009 L 152, p. 1).