Court ruling could scupper patent deal

O'Driscoll, Cath
May 2006
ICIS Chemical Business;5/15/2006, Vol. 1 Issue 19, p33
Trade Publication
The article reports on a ruling by the European Court of Justice that could make it harder for pharmaceutical companies to obtain patent extensions for certain products in future. The Massachusetts Institute of Technology's application for a so-called supplementary protection certificate (SPC) for its brain cancer drug was rejected because of a technicality concerning the drug composition. The court's ruling effectively supports a decision by the German Patents and Brands Office in 2001, which argued that such combinations qualify for a SPC only if both drug components are active.


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