EP 3 550 985 B1 relates to a nutritional composition for improving cells membranes in infants.
Brief outline of the case
The OD revoked the patent, as some requests were lacking N over D5=WO 2012/173485 or did not comply with Art 53(c).
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T 295/22 – Is the mode of administration of a substance limiting or not for a second medical use
by Daniel X. Thomas
EP 2 962 690 B1 is a 2d generation divisional and relates to (+)-2-[1-(3-Ethoxy-4-methoxyphenyl)-2-methylsulfonylethyl]-4-acetylaminoisoindoline1,3-dione, or a pharmaceutically acceptable polymorph, salt, solvate or hydrate thereof, and to the (+) enantiomer for use as a medicament.
Brief outline of the case
The patent was maintained according to AR3.
T 294/20 – Applying T 609/02 or T 950/13 in assessing sufficiency under Art 54(5)
by Daniel X. Thomas
EP 2 397 156 relates to “Methods and compositions for the treatment of persistent infections and cancer by inhibiting the programmed cell death 1 (PD-1) pathway”.
Claim 1 is drafted in the form of a purpose-limited product claim, pursuant to Art 54(5), and is directed to a compound that reduces the activity or expression of a Programmed Cell Death-1 (PD-1) polypeptide=”PD-1 inhibitor”,
T 1259/22 – On the limits of the application of Art 54(5)
by Daniel X. Thomas
EP 2 371 361 B1 relates to methods to mobilise progenitor/stem cells in subjects by administering certain polyamines.
Brief outline of the case
The patent was maintained by the OD according to AR6.
The proprietor and opponents 1,
T 815/22 – Replacing mother milk by an infant formula is not a method of treatment under Art 53(c)
by Daniel X. Thomas
EP 3 361 885 B1 relates to nutrition for infants, in particular infant formula, intended to be used as a sole source of nutrition. In other words, it replaces mother milk.
Brief outline of the case
The opposition was rejected and both opponents appealed.
The OD considered that the claims at stake where related to a medical use and were purpose limited claims under Art 54(5) used in a method of according to Art 53(c).