IP case law Court of Justice

Referral C-650/17 (Royalty Pharma Collection Trust, 21 Nov 2017)



Is a product protected by a basic patent in force pursuant to Article 3(a) of Regulation (EC) No 469/2009 1 only if it forms part of the subject matter of protection defined by the claims and is thus provided to the expert as a specific embodiment?

Is it not therefore sufficient for the requirements of Article 3(a) of Regulation (EC) No 469/2009 if the product in question satisfies the general functional definition of a class of active ingredients in the claims, but is not otherwise indicated in individualised form as a specific embodiment of the method protected by the basic patent?

Is a product not protected by a basic patent in force under Article 3(a) of Regulation (EC) No 469/2009 if it is covered by the functional definition in the claims, but was developed only after the filing date of the basic patent as a result of an independent inventive step?


Case details on the CJEU website (external link)


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