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Deceptive Conducts before the Patent Office : Challenges for Patent Law and Competition Law

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In a recent patent infringement case between Servier and Apotex, courts in
the UK were asked to look into the validity of a pharmaceutical patent that
claimed a particular crystalline form of a compound called perindopril.
Perindopril is a pharmaceutical compound essentially used to treat hypertension. Its preparation and use had been disclosed in a prior patent. The
patent in the referred case, however, claimed a specific crystalline form of a
specific salt of this compound, ie the alpha crystalline form of the tertbutylamine salt of perindopril.1
The High Court found this patent to be
invalid for lack of novelty and obviousness According to the findings of
the High Court, the patentee had applied for this patent aware that any
known process for producing perindopril would have resulted in the object protected by the new patent. The court further explained that the invalidity of the patent could not be expected to be spotted by the patent office
at the examination stage, as some experimental evidence would have been
required. The Court of Appeals confirmed the decision of the High Court.

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Series Title

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Call Number

340 HOS d

Publisher

Baden-Baden : Nomos Verlagsgesellschaft., 2019

Collation

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Language

English

ISBN/ISSN

9783748902577

Classification

340

Content Type

text

Media Type

computer

Carrier Type

online resource

Edition

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Subject(s)

Law / International

Specific Detail Info

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Statement of Responsibility

Eugenio Hoss

Other Information

Cataloger

agus

Source

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Validator

maya

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