T 2015/20 (Aclidinium for treatment of asthma/ALMIRALL) of 23.02.2021
- European Case Law Identifier
- ECLI:EP:BA:2021:T201520.20210223
- Date of decision
- 23 February 2021
- Case number
- T 2015/20
- Petition for review of
- -
- Application number
- 15173011.6
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- INHALATION COMPOSITION CONTAINING ACLIDINIUM FOR TREATMENT OF ASTHMA
- Applicant name
- Almirall, S.A.
- Opponent name
- -
- Board
- 3.3.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56 (2007)European Patent Convention Art 83 (2007)Guidelines_F-III, 1
- Keywords
- Sufficiency of disclosure - (yes)
Inventive step - (yes) - Catchword
- Claims in patent applications typically involve generalisations which inherently include an aspect of speculation. Patent applications in the field of medicine represent in this respect no exception. The approaches developed in the jurisprudence of the Boards of Appeal of the EPO for the assessment of sufficiency of disclosure and inventive step specifically take account of the technical contribution actually disclosed in a patent application to avoid patent protection resulting from unreasonable speculation on the basis of propositions that are prima facie implausible (see also points 2.6, 2.7 and 5 of the Reasons).
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the Examining Division with the order to grant a patent on the basis of claims 1-17 of the main request filed on 17 December 2018 and a description to be adapted thereto.