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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> GlaxoSmithKline (Patent) [2012] UKIntelP o50612 (19 December 2012)
URL: http://www.bailii.org/uk/cases/UKIntelP/2012/o50612.html
Cite as: [2012] UKIntelP o50612
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GlaxoSmithKline (Patent) [2012] UKIntelP o50612 (19 December 2012)
Patent decision
- BL number
- O/506/12
- Concerning rights in
- SPC/GB/11/043 & SPC/GB/08/046
- Hearing Officer
- Mrs C L Davies
- Decision date
- 19 December 2012
- Person(s) or Company(s) involved
- GlaxoSmithKline
- Provisions discussed
- Council Regulation (EC) No. 469/2009; Article 1(b)
- Keywords
- Supplementary Protection Certificates
- Related Decisions
- None
Summary
The Hearing Officer found that SPC/GB08/046 and SPC/GB11/043 are not allowable with the product definitions as they currently stand, as neither of these definitions comply with Article 1(b). The Hearing Officer provided the applicant with an opportunity to amend either or both of the product definitions in these applications, believing that at least one of these applications could then proceed to grant. The applicant was given until 31st January 2013 to provide product definitions which satisfied the examiner. If the applicant fails to provide satisfactory product definition(s) by the given date, then the application(s) will be rejected having regard to Article 10(2) of the Regulation. The Hearing Officer did not find that SPC/GB11/043 could be stayed.