Case C-6/11

Daiichi Sankyo Company

v

Comptroller General of Patents, Designs and Trade Marks

(Reference for a preliminary ruling from the High Court of Justice (England and Wales), Chancery Division (Patents Court))

(Article 104(3), first subparagraph, of the Rules of Procedure – Medicinal products for human use – Supplementary protection certificate – Regulation (EC) No 469/2009 – Articles 3 and 4 – Conditions for obtaining a certificate – Concept of a ‘product protected by a basic patent in force’ – Criteria – Existence of further or different criteria for a medicinal product comprising more than one active ingredient)

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 No 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 relating to active ingredients which are not identified in the wording of the claims of the basic patent relied on in support of the application for such a certificate.

(see para. 30, operative part)