Patent decision

BL number
Concerning rights in
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
Supplementary Protection Certificates
Related Decisions


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that the application did not comply with the requirements of Article 3(a) of Council Regulation (EEC) 1768/92 [now superseded by Council Regulation (EC) 469/2009] because the basic patent EP (UK) 0503785 on which the applicant relies protects only the olmesartan medoxomil component of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 PDF document19Kb