Patent decision

BL number

O/237/12

Concerning rights in

GB 0707610.2

Hearing Officer

Mrs S E Chalmers

Decision date

19 June 2012

Person(s) or Company(s) involved

GW Pharma Limited

Provisions discussed

PA 1977 Sections 1(2) and 14(5)

Keywords

Clarity, Excluded fields (refused), Support

Related Decisions

None

Summary

The application relates to the use of one or more phytocannabinoids selected from cannabidiol (CBD), cannabigerol (CBG) and cannabidiolic acid (CBDA) to prevent or treat cancer of the prostate where TRPM8 activity is essential for the cancers survival. The applicant argued that, in assessing support for a second medical use claim, one could combine the state of the art at the filing date with the data present in an application as originally filed to provide adequate support. The Hearing Officer found that the specification as filed did not provide the support for the claimed medical use (as decided in Prendergast’s Applications [2000] RPC 446) and that the objection could not be overcome by the subsequent filing of evidence. The Hearing Officer also found that the claim was unclear but, insofar as it could be understood, was defined by a mechanism of action and therefore amounted to a discovery. The application was refused.

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