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ARTICLE · 27 DECEMBER 2024

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An Early Christmas Present For Combination Products

Marks & Clerk
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As always, the CJEU continue to refine the rules regarding obtaining SPCs in Europe. The latest judgment on combination products leaves both gifts and a lump of coal in the stocking of patent holders...

United KingdomIntellectual Property
Gareth Williams
Gareth Williams
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As always, the CJEU continue to refine the rules regarding obtaining SPCs in Europe. The latest judgment on combination products leaves both gifts and a lump of coal in the stocking of patent holders (forgive me if the Christmas metaphor is becoming strained!)

In combined cases C-119/22 and C-149/22, the Court was asked to rule on whether it is possible to obtain an SPC on a combination product (here, metformin and sitagliptin; and ezetimibe and simvastatin) when an SPC had already been granted on a product containing the first of those actives alone. Further, if the "inventive advance" of the basic patent is only in connection with one of the actives (and the second was already known at the relevant priority date), does this make a difference?

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