T 0883/23 (Liposomal irinotecan drug combination/IPSEN) of 26.09.2025
- European Case Law Identifier
- ECLI:EP:BA:2025:T088323.20250926
- Date of decision
- 26 September 2025
- Case number
- T 0883/23
- Petition for review of
- -
- Application number
- 16758337.6
- 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 Article 087(1) EPCAbstract on Article 12(6) RPBA
- Application title
- DRUG COMBINATION COMPRISING LIPOSOMAL IRINOTECAN, OXALIPLATIN, 5-FLUOROURACIL AND LEUCOVORIN FOR TREATING METASTATIC PANCREATIC CANCER
- Applicant name
- Ipsen Biopharm Ltd.
- Opponent name
- Sandoz AG
Generics [UK] Limit - Board
- 3.3.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56European Patent Convention Art 87(1)Rules of procedure of the Boards of Appeal 2020 Art 012(6)
- Keywords
- Priority - same invention (no)
Late-filed evidence - should have been submitted in first-instance proceedings (yes)
Late-filed evidence - circumstances of appeal case justify admittance (no)
Inventive step - (yes) - Catchword
- The Enlarged Board of Appeal determined in G 2/98 that it is a condition for the compliance with the requirement of "the same invention" that the claimed subject-matter is directly and unambiguously derivable from the earlier application. However, the Enlarged Board did not conclude that the requirement of "the same invention" is necessarily satisfied if this condition is fulfilled, irrespective of any technical information associated with the claimed subject-matter, which is only described in the subsequent patent application.
(see point 1.5 of the decision) - Citing cases
- -
Order
For these reasons it is decided that:
The appeals are dismissed.