EPO appeal boards reach differing conclusions on second use claims double patenting | Practical Law

EPO appeal boards reach differing conclusions on second use claims double patenting | Practical Law

An appeals board of the European Patent Office has followed the earlier decision T 1780/12 in holding that the use of both a Swiss-type claim and purpose-limited claim for a second therapeutic use of a known product was not barred by the prohibition against double patenting. (T 0879/12 APO-2 ligand/GENENTECH, 27 August 2014.)

EPO appeal boards reach differing conclusions on second use claims double patenting

Practical Law UK Legal Update 4-580-3846 (Approx. 2 pages)

EPO appeal boards reach differing conclusions on second use claims double patenting

by Practical Law IP&IT
Published on 08 Sep 2014 • International
An appeals board of the European Patent Office has followed the earlier decision T 1780/12 in holding that the use of both a Swiss-type claim and purpose-limited claim for a second therapeutic use of a known product was not barred by the prohibition against double patenting. (T 0879/12 APO-2 ligand/GENENTECH, 27 August 2014.)