Recent aangebrachte octrooizaken HvJEU

10-06-2013 Print this page
B912358

Een uitgebreid overzicht van alle recent aangemelde en alle lopende zaken is te vinden op deze pagina's (2012) en (2013) van de website van UK IP Office.

Zaak C-210/13: GlaxoSmithKline Biologicals SA v Comptroller-General of Patents, Designs and Trade Marks. Prejudiciële vragen High Court of Justice, Chancery Division (UK). 

Octrooirecht. "The appellant applied for an SPC relating to the product "an oil in water emulsion comprising squalene, DL-α-tocopherol and polysorbate 80", an adjuvant known as AS03. An additional application was filed for a pandemic influenza vaccine containing the adjuvant AS03.
 
Question 1 concerns whether or not an adjuvant, such as that common to these applications, can be considered an active ingredient within the meaning of Article 1(b) of the Regulation. Question 2 seeks to determine if the combination of an antigen, such as the influenza vaccine component of the latter application, and the adjuvant may be considered an active ingredient if the adjuvant alone may not."

Prejudiciële vragen: "1. Is an adjuvant which has no therapeutic effect on its own, but which enhances the therapeutic effect of an antigen when combined with that antigen in a vaccine, an 'active ingredient' within the meaning of Article 1(b) of Regulation 469/2009/EC?
 
2. If the answer to question 1 is no, can the combination of such an adjuvant with an antigen nevertheless be regarded as a 'combination of active ingredients' within the meaning of Article 1(b) of Regulation 469/2009/EC?"

 
2013 EWHC 807 (Ch): International Stem Cell Corporation "ISCC" and Comptroller General of Patents. Prejudiciële vragen High Court of Justice, Chancery Division (UK).

Octrooirecht. "The case concerns an appeal in the UK High Court concerning two patent applications in the name of ISCC both relating to human stem cells. The patent applications were refused by the Intellectual Property Office on the grounds that the inventions disclosed in the patent applications were excluded from patentability under paragraph 3(d) of Schedule A2 to the Patents Act 1977.
 
The case questions what is meant by the term "human embryos" in Article 6(2)(c) of Directive 98/44/EC on the Legal Protection of Biotechnological Inventions. In particular, what was meant by the CJEU in Case 34/10 Oliver Brüstle v Greenpeace eV [2012] 1 CMLR 41 by the expression "capable of commencing the process of development of a human being"?"

Prejudiciële vraag: "Are unfertilised human ova whose division and further development have been stimulated by parthenogenesis, and which, in contrast to fertilised ova, contain only pluripotent cells and are incapable of developing into human beings, included in the term "human embryos" in Article 6(2)(c) of Directive 98/44/EC on the legal protection of biotechnological inventions?"