ARTICLE · 01 FEBRUARY 2017

Dasatinib – Post-Filing Data In Europe

Abel & Imray

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Additional post-filing data is often crucial to confirm the technical effect of pharmaceutical patents. On 1 February 2017 the Board of Appeal of the European Patent Office will be deciding the fate of Bristol-Myers Squibb's (BMS) patent directed to dasatinib.

European UnionIntellectual Property

Matthew Fletcher

Additional post-filing data is often crucial to confirm the technical effect of pharmaceutical patents. On 1 February 2017 the Board of Appeal of the European Patent Office will be deciding the fate of Bristol-Myers Squibb's (BMS) patent directed to dasatinib. The decision could have far-reaching implications on patentability of pharmaceuticals in Europe and the usefulness of post-filing data.

Background to the case

The original patent application filed by BMS identified a range of compounds by means of a general formula and include dasatinib in a list of example compounds. Assays for the identification of protein kinase (PTK) inhibitors were described and it was stated that the example compounds had shown activity in one or more of those assays, but no data for individual example compounds was provided. In the opposition proceedings, prior art documents were cited disclosing that other compounds falling within the general formula are PTK inhibitors, and the claims

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