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Reports of Patent, Design and Trade Mark Cases 2004 121(1):1-19; doi:10.1093/rpc/2004rpc1
© 2004 by Crown Copyright
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© Crown Copyright

[2004] R.P.C. 1

TAKEDA CHEMICAL INDUSTRIES LTD'S SPC APPLICATIONS (NO.1)

Patent Office

(Mr R. J. Walker): September 25, December 6, 20011

[2004] R.P.C. 1

Supplementary protection certificate request—Lansoprazole in combination with antibiotics—Whether invention protected by basic patents relating to lansoprazole—Whether infringement test applicable—Whether marketing authorisation was for combination of active ingredients—Whether protection available to compensate for additional time taken to obtain marketing approval for new use of previously authorised product—Request for certificate refused.

1 Paragraph numbers in this judgment are as assigned by the court. A further decision on this matter is reported at [2004] R.P.C. 2. The decision of the High Court on appeal from this decision is reported at [2004] R.P.C. 3.


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