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New EBA referral

By Johanna Gibson, David Pearce, Jeremy Phillips and Ilanah Simon.

Thanks to Edward Tomlinson (Frohwitter) for pointing out to the IPKat a new referral that has recently been made to the EPO enlarged board, in decision T 1319/04. The questions being asked are as follows:

" 1. Where it is already known to use a particular medicament to treat a particular illness, can this known medicament be patented under the provisions of Articles 53(c) and 54(5) EPC 2000 for use in a different, new and inventive treatment by therapy of the same illness ?

2. If the answer to question 1 is yes, is such patenting also possible where the only novel feature of the treatment is a new and inventive dosage regime ?

3. Are any special considerations applicable when interpreting and applying Articles 53(c) and 54(5) EPC 2000 ?"

Full post as published by IPKat on May 09, 2008 (boomark / email).