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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Sankyo Company Limited (Patent) [2010] UKIntelP o27110 (5 February 2010) URL: http://www.bailii.org/uk/cases/UKIntelP/2010/o27110.html Cite as: [2010] UKIntelP o27110 |
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For the whole decision click here: o27110
Summary
SPC application SPC/GB/06/019, in the name of Sankyo Company Limited, relates to a product defined as “A combination of olmesartan medoxomil, optionally in the form of a pharmaceutically acceptable salt, and hydrochlorothiazide”.
The examiner wrote to the applicant on 20 July 2006 stating that the application did not comply with the requirements of Article 3(a) of Council Regulation (EEC) 1768/92 [now superseded by Council Regulation (EC) 469/2009] because the basic patent EP (UK) 0503785 on which the applicant relies protects only the olmesartan medoxomil component of the applied for product definition. Thus the applied for product is not protected by the basic patent. As a consequence, the examiner indicated that in his opinion the application for a certificate should be refused under Article 10(2) of the Regulation.
