Case C-518/10

Yeda Research and Development Company Ltd

and

Aventis Holdings Inc.

v

Comptroller General of Patents, Designs and Trade Marks

(Reference for a preliminary ruling from the Court of Appeal (England and Wales) (Civil Division))

(Article 104(3), first subparagraph, of the Rules of Procedure – Medicinal products for human use – Supplementary protection certificate – Regulation (EC) No 469/2009 – Article 3 – Conditions for obtaining a certificate – Concept of a ‘product protected by a basic patent in force’ – Criteria – Marketing authorisation – Medicinal product placed on the market containing only one active ingredient whereas the patent claims a combination of active ingredients)

Summary of the Order

Approximation of laws – Uniform legislation – Industrial and commercial property – Patent law – Supplementary protection certificate for medicinal products – Conditions for granting – Product covered by a basic patent in force

(European Parliament and Council Directive 469/2009, Art. 3(a))

Article 3(a) of Regulation No 469/2009 concerning the supplementary protection certificate for medicinal products must be interpreted as precluding the competent industrial property office of a Member State from granting a supplementary protection certificate where the active ingredient specified in the application for such a certificate, even though identified in the wording of the claims of the basic patent as an active ingredient forming part of a combination in conjunction with another active ingredient, is not the subject of any claim relating to that active ingredient alone.

(see para. 39, operative part)