T 1179/23 (Compositions of dabigatran etexilate / TOWA PHARMACEUTICAL) of 14.01.2026
- European Case Law Identifier
- ECLI:EP:BA:2026:T117923.20260114
- Date of decision
- 14 January 2026
- Case number
- T 1179/23
- Petition for review of
- -
- Application number
- 13704974.8
- 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
- -
- Application title
- ORAL PHARMACEUTICAL COMPOSITIONS OF DABIGATRAN ETEXILATE
- Applicant name
- TOWA PHARMACEUTICAL EUROPE, S.L.
- Opponent name
- Aera A/S
Hamm&Wittkopp Patentanwälte PartmbB - Board
- 3.3.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 56European Patent Convention R 139Rules of procedure of the Boards of Appeal 2020 Art 012(3)Rules of procedure of the Boards of Appeal 2020 Art 012(4)Rules of procedure of the Boards of Appeal 2020 Art 012(5)Rules of procedure of the Boards of Appeal 2020 Art 012(6)Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- Keywords
- Late-filed evidence - admittance in appeal proceedings (yes)
Requests filed during appeal proceedings - admitted (yes)
Request for continuation in writing - rejected
Validity of priority date (yes)
Amendments - correction of obvious errors (no)
Inventive step - main request and auxiliary requests 1 and 2 (no), auxiliary requests 3 and 15 (yes) - 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 in amended form on the basis of claims 1 to 6 of auxiliary request 3 filed with the reply to the appeals, paragraph [0088] of the description filed with the reply to the appeals, and the further paragraphs of the description to be adapted.