tag:blogger.com,1999:blog-5574479.post4747679480344991512..comments2024-03-28T09:05:22.006+00:00Comments on The IPKat: Does an invention have a sole? CJEU rules in telmisartan SPC disputeVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-5574479.post-66817348780824240892015-03-13T17:42:23.300+00:002015-03-13T17:42:23.300+00:00Er, no I am not - as I read the judgment, the only...Er, no I am not - as I read the judgment, the only relevant question is what is the "sole subject-matter of the invention", which was telmisartan, and the presence of a combination claim did not change that. I think the point is that the genesis of the claim does not matter which is why those aspects of the questions were ignored in the answer.Darren Smythhttps://www.blogger.com/profile/04252776942038752516noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-18868112906935577392015-03-13T17:16:09.805+00:002015-03-13T17:16:09.805+00:00So, Darren, are you saying that if it was not a &q...So, Darren, are you saying that if it was not a "subsequent claim", in that it was a claim which was not "added after the application [was filed]" or "added after the application [was granted]" (using your wording), then the SPC would have been allowed? Thus, if Boehringer did indeed have a claim, in the application as filed, for telmisartan and the specific diuretics mentioned in the spec (which included HCTZ by name), and knowing that there was indeed basis for such a claim (at least in the eyes of the UKIPO, who allowed the amendment in the place), then the SPC should have been valid....?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-75668711200717788322015-03-13T14:10:31.425+00:002015-03-13T14:10:31.425+00:00To pt_attorney
A "subsequent claim" is ...To pt_attorney<br /><br />A "subsequent claim" is one added after the application is filed (or, in this case, granted). It does not matter whether it enjoys the priority date: that is not the issue here.<br /><br />Best wishes<br /><br />DarrenDarren Smythhttps://www.blogger.com/profile/04252776942038752516noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-11381022898570147672015-03-13T09:05:41.514+00:002015-03-13T09:05:41.514+00:00What on earth is a "subsequent claim"? I...What on earth is a "subsequent claim"? I always supposed claims based on the priority date were claims enjoying the priority date.pt_attorneynoreply@blogger.com