EPLAW PATENT BLOG

NL – Bayer v. Dutch Patent Office

Posted: February 23rd, 2017

Bayer v. Dutch Patent Office, 1 February 2017, Case no. ECLI:NL:RBDHA:2017:793

Interpretation of CJEU Neurim. Does a market authorisation for Climodien prevent the obtaining of an SPC for the application of the two active substances for which a later market authorisation for a different pharmaceutical product was obtained?

The Court rules that a patented new therapeutic application of known active substances can be protected by an SPC. The argument that an earlier market authorisation in light of Art. 3(d) SPC Regulation prevents an SPC is no longer valid.

A copy of the decision can be read here.

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