He even had an express basis for this in claim 17 as filed and in claim 16 as granted to address this very issue. In clause 4 of this assignment, it was agreed that Vectura would provide a formal assignment of the right to claim priority from D16 for the specific Programme 2 formulations. Patent information events Consult our calendar. From this it is not clear whether only the application or also the priority right had been transferred. The patentee could not file D22 and D23 during the opposition proceedings, in view of a confidentiality agreement with Chiesi. However, pursuant to Article 87 1 EPC, the right of priority may also be invoked by the "successor in title" of the person who has filed the first application.
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The opponent had challenged priority entitlement and had raised lack of novelty over D14 in the statement of opposition.
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Thus, in the present case, there existed a partial priority for the subject-matter of the Programme 2 formulations, and a separate partial priority for the remaining subject-matter. Consequently, the main request does not meet the requirements of Article 54 3 EPC. The patentee had stated that he did not want to file any further requests. The patentee had argued in reply that he was fully entitled to claim priority from D In point 4 it is specified that Chiesi agrees to file one or more applications taking priority from i.
Moreover, the confidential status as such of D22 and D23 cannot be seen as a reason to not submit the subject-matter of auxiliary request 4 during the opposition proceedings since the patentee was aware of the partial priority right assigned to Chiesi.
EPO T /14 (Pharmaceutical formulations for dry powder inhalers/Vectura Limited) of
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|The patentee was therefore adequately warned by the opposition division that D14 was potentially relevant as prior art. Auxiliary requests 1 and 2 did not meet the requirements of Article 2 EPC. Calendar of events Search for events and training by topic, date, location or target audience.
B is the priority right owned by Chiesi and relates to the specific "Programme 2 formulations" comprising magnesium stearate in combination with specific active agents, namely "formoterol alone, or in combination with beclomethasone or budesonide, and budesonide alone". Oral proceedings took place on 5 May Hence, auxiliary request 2 does not meet the requirements of Article 54 3 EPC.
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The subject-matter of claim 1 of auxiliary requests 3 and 4 was not novel over D14, for the same reasons as the main request.
The patentee could not file D22 and D23 during the opposition proceedings, in view of a confidentiality agreement with Chiesi. This restriction has no incidence on the validity of the priority, since the claimed subject-matter still covers embodiments for which the priority is not valid, namely compositions comprising magnesium stearate and active ingredients selected from "formoterol alone, or in combination with beclomethasone or budesonide, and budesonide alone"; the restriction has also no incidence on the relevance of D14 since this document also discloses magnesium stearate as additive.
Consequently, the subject-matter of claim 1 as granted encompasses embodiments for which the patent proprietor did not have the priority right and for which therefore the priority is not valid. Reasons for the Decision 1. Thus, in the present case, there existed a partial priority for the subject-matter of the Programme 2 formulations, and a separate partial priority for the remaining subject-matter.
The amendment brought to claim 1 of this request overcomes all issues as regards the validity of the priority and the relevance of D14 under Article 54 3 EPC.
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Venerino Poletti. ASL Romagna. Marco Chilosi. University of. Chiesi also claimed priority from D16 for the application D This was an D Declaration from Richard Summersell and Marco.
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Hence, auxiliary request 3 does not meet the requirements of Article 54 3 EPC. Auxiliary request 3 "1. D14 claims a valid priority from application D16which is dated prior to the filing date of the contested patent, whose priority claim is not valid.
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Online file inspection improvements in the European Patent Register Free webinar on 10 September at Thus, the effect was that Chiesi owned the right to claim priority from D16 for the specific formulations, for which they filed the application D14, whilst maintaining Vectura's right to claim priority from D16 for the opposed patent claiming the general formulations.
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|Calendar of events Search for events and training by topic, date, location or target audience. The patentee was therefore adequately warned by the opposition division that D14 was potentially relevant as prior art.
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The arguments of the appellant may be summarised as follows: Validity of the priority Between Vectura and Chiesi existed a joint venture. The patent proprietor hereinafter called appellant filed an appeal against said decision.
It was correct that Vectura did not have the priority right for invention B, it did however not follow that Vectura's priority claim for invention A was invalid.