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Broccoli (G 2/07) and Tomatoes (G 1/08)
03 October 2011
The consolidated Decision of the European Patent Office (EPO) Enlarged Board of Appeal in the matters of G 2/07 and G 1/08 has issued. This Decision attempts to determine the meaning of “essentially biological” in the context of “essentially biological processes for the production of plants” within Article 53 EPC and Rule 26(5) EP
Dosage regimes and the death of the swiss-type claims
01 June 2010
The European Patent Office (EPO) has published the awaited Enlarged Board of Appeal decision G 2/08. This decision provides clarification on the patentability of dosage regimes in Europe, as well as some more general guidance on what is meant by “any specific use” in Article 54(5) EPC. The decision also spells the end for the Swiss-type claim at the EPO.
Dosage regimen patent claims in Europe
01 October 2009
Maximum patent term protection is key to maintaining market exclusivity for important commercial products. Typical vehicles for achieving this are second (and subsequent) medical use patent claims, supplementary protection certificates (SPCs), orphan drug provisions, and data & marketing exclusivity provisions.
