T 1057/21 (Oral Formulations of Deferasirox / NOVARTIS) of 25.01.2023
- European Case Law Identifier
- ECLI:EP:BA:2023:T105721.20230125
- Date of decision
- 25 January 2023
- Case number
- T 1057/21
- Petition for review of
- -
- Application number
- 16188627.0
- 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
- -
- Application title
- ORAL FORMULATIONS OF DEFERASIROX
- Applicant name
- NOVARTIS AG
- Opponent name
- HGF Limited
Teva Pharmaceutical Industries Ltd. - Board
- 3.3.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 123(3)European Patent Convention Art 56European Patent Convention Art 76(1)Rules of procedure of the Boards of Appeal 2020 Art 012(2)Rules of procedure of the Boards of Appeal 2020 Art 012(4)Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- Keywords
- Item of evidence filed after summons - admitted (yes)
Amendments - extension beyond the content of the (parent) application as filed (no)
Amendments - extension of the scope of protection (no)
Inventive step - no reasonable expectation of success
Amendment to case - amendment admitted (no) - Catchword
- -
- Citing cases
- -
Order
For these reasons it is decided that:
The decision under appeal is set aside.
The case is remitted to the opposition division with the order to maintain the patent on the basis of the claims of the main request filed as auxiliary request 48 with the reply to the statements setting out the grounds of appeal on 22 February 2022, and a description to be adapted.