Source: EURLEX
Language: en
Format: md

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| 12.2.2018 | EN | Official Journal of the European Union | C 52/20 |

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Request for a preliminary ruling from the Bundespatentgericht (Germany) lodged on 21 November 2017 — QH

(Case C-650/17)

(2018/C 052/28)

Language of the case: German

Referring court

Bundespatentgericht

Parties to the main proceedings

Applicant: QH

Questions referred

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| 1. | Is a product protected by a basic patent in force pursuant to Article 3(a) of Regulation (EC) No 469/2009[(1)](#ntr1-C_2018052EN.01002001-E0001) 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? |

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| 2. | 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? |

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| 3. | 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? |

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