INFORMATION FROM THE CONTRACTING / EXTENSION STATES
AT Austria
Decision of the Oberster Patent- und Markensenat (Supreme Patent and Trademark Chamber) dated 9 March 1994, Op 7/93 (N 2/91)*
Headword: Sucralfate suspensions
Article: 167(2)(a) EPC
Section 10(2) Law Introducing Patent Treaties (PatV-EG)
European patent No. 0 192 640
Keyword: "Circumvention of the prohibition on substance protection (no)" - "Transformation of a medicament into a stable application form" - "Object of the invention achieved by general measures"
Headnote
On the issue of circumvention of the prohibition on substance protection: The fact that the only procedural step actually claimed is the adding of the components, while the description mentions only the mixing and homogenising of the components, must in this case be viewed as sufficient because the object of the invention - new, stable sucralfate
suspensions - can be achieved by these general measures alone. The process for transforming a medicament into a better-suited, stable form of application claimed here is therefore patentable.
AT 1/95
* The full text of the decision was published in the Österreichisches Patentblatt (Austrian Patent Bulletin) 1995, 16.