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Merck's alendronate patent: the EPO rules

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

A little bird has whispered in the IPKat's ear that there have been further developments in the saga relating to a certain patent for a 70mg weekly dose of alendronate (earlier IPKat posts on the alendronate saga can be found here and here). The Kat now learns that

"European patent EP1175904B, Merck's patent relating to 70mg weekly alendronate, was declared as lacking inventive step over the prior art by the Opposition Division of the EPO at a hearing held on 17-18 March 2009. It was one of the largest oppositions to be held at the EPO after Merck had used a divisional application to recycle their initial patent on the weekly dosage (EP998292B) after it was revoked by the EPO Technical Board of Appeal in 2006. This patent has generated huge interest within the pharmaceutical industry and had already been the subject of litigation in several EU territories."

So now you know.
More on alendronate here

Full post as published by IPKat on March 22, 2009 (boomark / email).