EPO appeals board gives narrow scope to double patenting prohibition for therapeutic use claims | Practical Law

EPO appeals board gives narrow scope to double patenting prohibition for therapeutic use claims | Practical Law

A technical appeals board of the European Patent Office has ruled that a divisional application containing second medical use claims in the form permitted under Article 54(5) of the European Patent Convention 2000 was not barred on the ground of double patenting. (T 1780/12 Cancer treatment/BOARD OF REGENTS, THE UNIVERSITY OF TEXAS SYSTEM, 30 January 2014.)

EPO appeals board gives narrow scope to double patenting prohibition for therapeutic use claims

by Practical Law IP&IT
Published on 01 May 2014 • International
A technical appeals board of the European Patent Office has ruled that a divisional application containing second medical use claims in the form permitted under Article 54(5) of the European Patent Convention 2000 was not barred on the ground of double patenting. (T 1780/12 Cancer treatment/BOARD OF REGENTS, THE UNIVERSITY OF TEXAS SYSTEM, 30 January 2014.)