IPO considers Neurim and Daiichi SPC cases
O/410/16 Abraxis BioScience LLC: Paclitaxel
The UKIPO has recently refused an application for a supplementary protection certificate for “Nab-paclitaxel” which the hearing officer considered was a combination of two ingredients, Paclitaxel and Albumin. The hearing office considered, on the basis of the evidence, that the Albumin component of Nab-paclitaxel functioned as a carrier and had no therapeutic effect. The hearing officer, however, interpreted the Neurim decision as requiring that the new application of a product should be limited to a new therapeutic application and held that Nab-paclitaxel did not represent a new therapeutic application of Paclitaxel.
26 Aug 2019