T 0728/21 (Cystic fibrosis / VERTEX) of 16.11.2023
- European Case Law Identifier
- ECLI:EP:BA:2023:T072821.20231116
- Date of decision
- 16 November 2023
- Case number
- T 0728/21
- Petition for review of
- -
- Application number
- 10708442.8
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- Abstract on EPC2000 Art 083
- Application title
- Tablet formulation of N-[2,4-bis(1,1-dimethylethyl)-5-hydroxyphenyl]-1,4-dihydro-4-oxoquinoline-3-carboxamide for use in the treatment of cystic fibrosis
- Applicant name
- Vertex Pharmaceuticals Incorporated
- Opponent name
- Teva Pharmaceutical Industries Ltd.
- Board
- 3.3.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56European Patent Convention Art 83
- Keywords
- Inventive step - unexpected optimization
Sufficiency of disclosure - enabling disclosure (yes) - Catchword
- In accordance with the jurisprudence exemplified by T 609/02 (see section 9), the suitability of the claimed composition for the defined therapeutic use needs to be disclosed in the patent, "unless this is already known". This jurisprudence confirms in the Boards view that the disclosed utility of the claimed composition may also derive its credibility from the prior art, even if this prior art does not represent common general knowledge (see point 3.3).
Order
For these reasons it is decided that:
The appeal is dismissed