T 1319/04 (Dosage regimen/KOS LIFE SCIENCES, INC.) of 22.04.2008
- European Case Law Identifier
- ECLI:EP:BA:2008:T131904.20080422
- Date of decision
- 22 April 2008
- Case number
- T 1319/04
- Petition for review of
- -
- Application number
- 94306847.8
- IPC class
- A61K 31/445
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- T 1319/04 Hyperlipidemia/KOS LIFE SCIENCES, INC. 2010-12-30
- Abstracts for this decision
- -
- Application title
- Nicotinic acid compositions for treating hyperlipidemia
- Applicant name
- Kos Life Sciences, Inc.
- Opponent name
- -
- Board
- 3.3.02
- Headnote
The following questions are referred to the Enlarged Board of Appeal for decision:
1. Where it is already known to use a particular medicament to treat a particular illness, can this known medicament be patented under the provisions of Articles 53(c) and 54(5) EPC 2000 for use in a different, new and inventive treatment by therapy of the same illness ?
2. If the answer to question 1 is yes, is such patenting also possible where the only novel feature of the treatment is a new and inventive dosage regime ?
3. Are any special considerations applicable when interpreting and applying Articles 53(c) and 54(5) EPC 2000 ?
- Relevant legal provisions
- European Patent Convention Art 52(4) 1973European Patent Convention Art 53(c)European Patent Convention Art 54(5)European Patent Convention Art 54(5) 1973
- Keywords
- Allowability of dosage regimen - under Articles 52(4) and 54(5) EPC 1973 and under Articles 53(c) and 54(5) EPC 2000 - referral to Enlarged Board
- Catchword
- -
ORDER
For these reasons it is decided that:
The following questions are referred to the Enlarged Board of Appeal for decision:
1. Where it is already known to use a particular medicament to treat a particular illness, can this known medicament be patented under the provisions of Articles 53(c) and 54(5) EPC 2000 for use in a different, new and inventive treatment by therapy of the same illness ?
2. If the answer to question 1 is yes, is such patenting also possible where the only novel feature of the treatment is a new and inventive dosage regime ?
3. Are any special considerations applicable when interpreting and applying Articles 53(c) and 54(5) EPC 2000 ?