T 0670/20 (Pharmaceutcial composition/SANKYO) of 02.12.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T067020.20221202
- Date of decision
- 2 December 2022
- Case number
- T 0670/20
- Petition for review of
- -
- Application number
- 08720658.7
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- Abstract on EPC2000 Art 054
- Application title
- PHARMACEUTICAL COMPOSITION
- Applicant name
- Daiichi Sankyo Company, Limited
- Opponent name
- Hexal AG
Generics [UK] Ltd - Board
- 3.3.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 54European Patent Convention Art 56Rules of procedure of the Boards of Appeal 2020 Art 013(1)
- Keywords
- Amendments - allowable (yes)
Novelty - public prior use (no)
Inventive step - bonus effect (no)
Amendment to appeal case - justification by party (yes) - Catchword
- The clinical trials were carried out in accordance with the EMEA Guidelines for Good Clinical Practice. These guidelines explicitly require adherence to the prescribed protocol and assurance of drug accountability. This set-up of the trials implies that the patients who decided to participate in the trials agreed, following their informed consent, to use the provided medication according to instruction or to return the unused medication. Accordingly, the participating patients who were provided with the tablets under investigation entered into a special relationship with the investigators of the trials and were with regard to the provided tablets not members of the public that could freely dispose over these tablets. (see section 4.3)
- Citing cases
- -
Order
For these reasons it is decided that:
The appeals are dismissed.