Patentability and Priority Assessments for Salt Forms in Cancer Treatment Pharmaceuticals.

Journal article

1 electronic resource (page 160-166)

European Patent Convention, Arts. 54(1), 87(1); Patent Act, Secs. 3(1), 87(1); Code of Civil Procedure, Sec. 286 G – Sorafenib Tosylate Official headnotes (translated from the German by David Wright-Policepayeh) European Patent Convention Art. 54(1); Patent Act Sec. 3(1) The disclosure of more than 100 active ingredients which are described as suitable for the treatment of cancer, either alone or in the form of a pharmaceutically acceptable salt with numerous possible salt formers, is not sufficient for the direct and unambiguous disclosure of a specific salt of a single active ingredient in a form suitable for oral administration. Patent Act Sec. 87(1) a) There is a rebuttable presumption in favour of the entitlement to claim a priority right when applying for a European patent. b) The joint filing of a PCT application designating the applicant of the priority application for one or more designated states and another person for one or more other designated states implies an agreement between the parties entitling the other person to claim priority (likewise EPO, judgment of 10 October 2023 – G 1/22 – Priority Entitlement).

Crossref

GRUR International ; 74, 2, 2025, 2632-8550.

[Oxford, England] : Oxford University Press (OUP), 2025.

English

https://academic.oup.com/grurint/article/72/3/231/6998505

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