There is a new blog setting out information about patent goings-on in Europe. According to the EPLAW Patent Blog, it aims to be a top-quality, free, independent European blog on patent law, providing speedy access to patent judgments and patent information from various European jurisdictions.
In its coverage of the recent UK case, Neurim Pharmaceuticals (1991) Limited v. Comptroller-General of Patents, 6 May 2010, Case No.  EWHC 976 (Pat), EPLAW Patent Blog details how the English High Court upheld a decision not to grant a supplementary protection certificate (SPC) for a product containing the active ingredient melatonin. Article 3(d) provides that an SPC will only be granted if the authorisation granted to market the product as a medicinal product under article 3(b) is the first authorisation to that effect.
In this case, Neurim had filed an application for an SPC in September 2007, based on an authorisation to market melatonin for human use given in June 2007. The examiner had objected to Neurim’s SPC application because of a March 2001 authorisation for a veterinary medicinal product which contained melatonin as the active ingredient.
The judge followed the Court of Justice’s interpretation of Article 3(d) in Pharmacia, MIT and Yissum, holding that the authorization required under 3(b) is the first authorisation to place the product on the market as “any” medicinal product. A different indication of the product or the fact it is used for a different species, here the use for treatment of primary insomnia in humans as opposed to increasing the reproductive performance of sheep, were held to be irrelevant.
About EPLAW Patent Blog
The EPLAW Patent Blog aims to be a top-quality, free, independent European blog on patent law, providing speedy access to patent judgments and patent information from various European jurisdictions.
The blog intends to -over time- cover all relevant European national patent case law and news from all European jurisdictions. Also, the blog contains posts providing in-depth analysis of current developments. Of course, the blog provides a perfect platform for discussion.
The content of the blog is provided by an international team of patent specialists acting as editors/correspondents. Third party contributions are welcomed (although we do reserve the right to not publish all materials sent to us).
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