T 0867/23 (Cariprazine for treating primary negative symptoms of schizophrenia / RICHTER GEDEON NYRT.) of 21.01.2025

European Case Law Identifier: ECLI:EP:BA:2025:T086723.20250121
Date of decision: 21 January 2025
Case number: T 0867/23
Petition for review of: -
Application number: 13805597.5
IPC class: A61P 25/18 A61K 31/495
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 First, because "consulting the description" did not imply any specific result of such consultation: A consultation of two conflicting authorities did not a priori determine who is master. Decision G 1/24 did not require the boards to give the description preference over the wording of the claim. To the contrary, according to the Order of G 1/24, "the claims are the starting point and the basis for assessing the patentability of an invention", and as the present board added, in line with UPC_CoA_335/2023, second headnote, the claims are the "decisive basis". Second, such interpretation would contradict the well
Application title: TRANS-4-{2-[4-(2,3-DICHLOROPHENYL)-PIPERAZIN-1-YL]-ETHYL}-N,N-DIMETHYLCARBAMOYL-CYCLOHEXYLAMINE FOR TREATING PRIMARY NEGATIVE SYMPTOMS OF SCHIZOPHRENIA
Applicant name: Richter Gedeon Nyrt.
Opponent name: Wittkopp, Alexander
Krka, d.d., Novo mesto
Board: 3.3.07
Headnote: -
Relevant legal provisions: European Patent Convention Art 100(a)European Patent Convention Art 100(b)European Patent Convention Art 100(c)European Patent Convention Art 54(2)European Patent Convention Art 56
Keywords: Sufficiency of disclosure - proof of the claimed therapeutic effect
Sufficiency of disclosure - post-published evidence
Sufficiency of disclosure - (yes)
Novelty - (yes)
Inventive step - reasonable expectation of success (no)
Amendments - added subject-matter (no)
Catchword: -
Cited cases: G 0002/08 G 0002/21 T 0254/93 T 0609/02 T 0779/18 T 0979/23
Citing cases: -

Order

For these reasons it is decided that:

The appeals are dismissed.