Examples of using Basic patent in English and their translations into Hungarian
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Colloquial
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Official
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Medicine
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Ecclesiastic
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Financial
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Programming
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Official/political
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Computer
Basic patent number and title of the invention;
Rejection of the scope of protection of the basic patent test.
The basic patents for etanercept had been granted to those undertakings between 1994 and 1998.
Claim Nos 1, 32 and 33 of the basic patent are worded as follows.
Finally, concerning the application in time of this Regulation,the Rapporteur proposes that the exception applies in the case of the certificates whose basic patent expired on or after 2023.
Feichtinger said“it was a basic idea, it was a basic patent. And totally new and it was quite simple to understand.”.
In the situation that a basic patent in force protects several products, does regulation 469/2009[…], more specifically article 3, preamble and under c thereof, preclude the grant of a certificate for each of the protected products to the holder of the basic patent? .
Within six months of the date on which the application to amend the basic patent in force was granted?
Whereas, consequently, where the basic patent covers an active substance and its various derivatives(salts and esters), the certificate confers the same protection;
A module contains a solar cell, battery and a special transformers, which basic patent are described here.
Does Article 3(c) of the Regulation preclude,in a situation where there is a basic patent in force which protects several products, the holder of the basic patent from being granted a certificate for each of the protected products?
(vi) the basic patent is revoked or limited to the extent that the active ingredient(s) for which the SPC was granted would no longer be protected by the patent, or after expiry of the basic patent grounds for revocation exist which would have justified such revocation or limitation.
It shall also apply in the case of certificates for which the basic patent expired on or after 1 January 2021.
If that solution were adopted, this would mean that the basic patent holder would be eligible for the six-month extension provided for by the Paediatric Regulation only if the period that elapsed between the date of the patent application and the date on which the first MA was granted exceeds four years and six months.
As noted by the United Kingdom Government, the order in Yissum(72)had previously also concerned a situation in which the basic patent protected the second therapeutic use of a known active ingredient.
That finding leads me to propose the abandonment of the scope of protection of the basic patent test and a return to a literal interpretation of Article 3(d) of Regulation No 469/2009, in the light of Article 1(b) of that regulation.
According to Abraxis, that is the case for nab-paclitaxel inasmuch as the marketing authorisation for Abraxane mentions, amongst its therapeutic indications, the treatment of pancreatic cancer(an indication which, I note,is not specifically referred to in the basic patent, claim 32 of which covers the formulation in question for any‘use in eliminating cancer cells').
(13) Whereas the certificate confers the same rights as those conferred by the basic patent; whereas, consequently, where the basic patent covers an active substance and its various derivatives(salts and esters), the certificate confers the same protection;
In that situation, as has been emphasised by Abraxis and by the United Kingdom Government,the application of the scope of protection of the basic patent test would in any event lead to the rejection of the SPC application.
In the light of those considerations, I propose that the Court, in the alternative,hold that the scope of protection of the basic patent test applies only where a product previously authorised pursuant to Directive 2001/82 for a therapeutic indication in veterinary medicine is subsequently granted a marketing authorisation under Directive 2001/83 for a new therapeutic indication in human medicine.
In other words, is whether an SPC may be granted with a negative or zero duration so as to make the six-month extension run either from the starting point of the negative duration,that is to say before the date on which the basic patent expires, or, if such a negative duration is to be rounded up to zero, from the date on which the basic patent expires.
Does it make any difference to the answer to Question 1 if itwas merely at the time of the filing of the application for the basic patent issued for[Germany] that such protection through a basic patent could not be obtained in the Accession State but, by the time of publication of the application on which the basic patent issued for[Germany] was based, it could be so obtained?
In order for a combination of active ingredients cited in an authorisation for placing a medicinal product on the market to be the subject of an SPC, and having regard to the wording to Article 4 of the Regulation,is the condition that the product be"protected by a basic patent" within the meaning of Articles 1 and 3 of the Regulation satisfied if the product infringes the basic patent under national law?
Recitals 13 and 17 of 1610/96 further extend the protective scope by saying that the SPC gives the same rights as the basic patent andthat when the basic patent covers an active ingredient and its derivatives(salts and esters), the SPC confers the same protection.
In my view, that fact, assuming it to be true, is irrelevant for the purposes of answering the question referred for a preliminary ruling in so far as,first, the basic patent does not contain any claim relating to the use of nab-paclitaxel in the treatment of pancreatic cancer.
Can an SPC begranted for a medicament if the period between the filing of the application for the basic patent and the time point of first authorization for marketing in the Community is shorter than five years?".
(3) In order for a combination of active ingredients cited in a[MA] to be the subject of a SPC, and having regard to the wording of Article 4 of the Regulation,is the condition that the product be“protected by a basic patent” within the meaning of Articles 1 and 3 of the Regulation satisfied if the product infringes the basic patent under national law?
Nor, in contrast to what is submitted by the appellants, was it necessary for AZstill to have been in a dominant position after the basic patents expired, since the anti-competitive nature of its acts must be evaluated at the time when those acts were committed.