Wragge Lawrence Graham & Co

UK 200 2013 position: 25

Subject matter, scope and second medical use — defining double patenting

By Paul Inman

In a recent Technical Board of Appeal decision, the European Patent Office (EPO) has shed some light upon the boundaries of the prohibition against double patenting.

On 12 July 1999, the Board of Regents of the University of Texas System (UTS) made an application (application number 99940802.4) for a patent related to uses of antibodies to aminophospholipids for cancer treatment. This application was granted on 22 September 2004 as European patent EP 1 096 955 B1 (EP1).

On the same date, UTS also applied for a divisional patent of EP1 under application number 04007843.8. This divisional was subsequently published as EP 1 520 588 A2 (EP2) and also related to uses of antibodies to aminophospholipids for cancer treatment…

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