Patent decision

BL number

O/271/10

Concerning rights in

SPC/GB/06/019

Hearing Officer

Dr L Cullen

Decision date

5 February 2010

Person(s) or Company(s) involved

Sankyo Company Limited

Provisions discussed

Council Regulation (EC) No. 469/2009; Article 3 and 10

Keywords

Supplementary Protection Certificates

Related Decisions

None

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that the application did not comply with the requirements of Article 3(a) of Council Regulation (EEC) 1768/92 [now superseded by Council Regulation (EC) 469/2009] because the basic patent EP (UK) 0503785 on which the applicant relies protects only the olmesartan medoxomil component of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.

Full decision O/271/10 19Kb