9 month 10 day, European Patent Office (EPO) I pulled Teva's glatil acetate (copaxone, A drug that treats certain symptoms of multiple sclerosis) Patent of, The reason is that the patent lacks creativity.

Before that, Generic drug companies' response to No EP2949335 Patent No. 1 is contested, EPO The validity of the patent was upheld. but, After a complaint from the opposing party, EPO in 9 month 10 The earlier ruling was overturned at a hearing on Tuesday.

Although the same patent family 3 A sub-patent is also involved in the complaint, But this 3 The patent is still valid. Case review: With initial success in Germany the Israeli pharmaceutical company Teva sells a product called "copaxone" Drugs of, The drug is used to treat relapsing-remitting multiple sclerosis. Teva's instructions say the dosage is 40mg/ml.

but, Generic drug maker Mylan (Mylan) in 2017 Year by the brand name "Clift" Generic products were released, Sold in the same dosage in the United States and Europe. Teva's and Mylan's are injections with pre-filled registries.

2019 At the beginning of the year, The district court in Dusseldorf confirmed, Clift Violation of regulation EP2949335 Patent no. Mylan appealed to the High District Court in Dusseldorf.

2019 years 9 month, The High Court affirmed the decision of the court of first instance. but, Teva is not right Clift Impose a preliminary injunction. In addition, in 2019 years 4 month, Mylan and other drug companies cite a lack of creativity EPO Challenge the patent in question. The first objection failed, EPO The objection was dismissed. Mylan and others sued, EPO The Appeal Board, citing lack of creativity, quashed the No EP2949335 Patent no.

now, Mylan is free to put its generic products on the market. but, Only in the German pharmaceutical market information service provider (IFA) After incorporating their product information, Before the product can be sold to pharmacies. Not included IFA Products from the database cannot be sold through pharmacies. Except Germany, The relevant parties are still in the UK, Norway, Portugal, Spain, Italy and the United States filed lawsuits.

(Compiled from www. juve-patent. com)

Reprinted from China Intellectual Property Network   translation: Rason group　proofread: Wang Dan

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