CELEX: 62017CN0650
Language: en
Date: 2017-11-21 00:00:00
Title: Case C-650/17: Request for a preliminary ruling from the Bundespatentgericht (Germany) lodged on 21 November 2017 — QH

12.2.2018   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 52/20
            
         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
   
   
               1.
            
            
               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?
            
         
               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?
            
         
               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?
            
         
      (1)  Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products (Codified version) (Text with EEA relevance) (OJ 2009 L 152, p. 1).