Keywords
Summary

Keywords

Approximation of laws – Uniform legislation – Industrial and commercial property – Patent law – Supplementary protection certificate for medicinal products – Conditions for granting – Product covered by a basic patent in force

(European Parliament and Council Directive 469/2009, Art. 3(a))

Summary

Article 3(a) of Regulation No 469/2009 concerning the supplementary protection certificate for medicinal products must be interpreted as precluding the competent industrial property office of a Member State from granting a supplementary protection certificate where the active ingredient specified in the application for such a certificate, even though identified in the wording of the claims of the basic patent as an active ingredient forming part of a combination in conjunction with another active ingredient, is not the subject of any claim relating to that active ingredient alone.

(see para. 39, operative part)