Decision Nº O/384/09 from Intellectual Property Office - (Patent decisions), 15 December 2009
| Judge | Mrs C L Davies |
| Court | Intellectual Property Office (United Kingdom) |
| Administrative Decision Number | O/384/09 |
| Date | 15 December 2009 |
| Patent Number | SPC/GB/07/051 |
| Parties | Neurim Pharmaceuticals (1991) Ltd |
REGULATION (EC) No 469/2009
CONCERNING THE
SUPPLEMENTARY PROTECTION
CERTIFICATE FOR MEDICINAL
PRODUCTS
BL O/384/09
15 December
2009
APPLICANT Neurim Pharmaceuticals (1991) Ltd
ISSUE Whether SPC application number
SPC/GB/07/051 complies with Article
3(d) and may be granted
HEARING OFFICER
Dr C L Davies
DECISION
Introduction
1 This relates to an application for a supplementary protection certificate (SPC)
which was filed by Neurim Pharmaceuticals (1991) Ltd (“the applicants”) on
26 September 2007 and accorded the number SPC/GB/07/051. The product for
which an SPC is sought was, at the time of filing, “Melatonin”. Subsequent to the
hearing, on 14 October 2009 an auxiliary request was filed amending the product
definition to “Circadin – melatonin”, which was to be considered if I was minded to
refuse the application based on the original product definition.
2 The application was filed under Regulation (EEC) No 1768/92,1 which has since
been codified under Regulation (EC) No 469/2009.2 Where arguments were put
to me on the basis of various provisions of Regulation (EEC) No 1768/92, I have
considered them on the basis of the equivalent provisions of Regulation (EC) No
469/2009 and my decision has been reached in accordance with Regulation (EC)
No 469/2009 (“the Regulation”).
1 Council Regulation (EEC) No 1768/92 of 18 June 1992 concerning the creation of a
supplementary protection certificate for medicinal products
2 Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009
concerning the supplementary protection certificate for medicinal products
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