NL - Georgetown University v. Dutch Patent Office

Georgetown University, Washington, DC, USA v. Octrooicentrum Nederland (Dutch Patent Office), Administrative Law division of the District Court The Hague, the Netherlands, referral judgement of 12 October 2012, case no. AWB 10/4769

*** Now including a translation in English with thanks to Hoyng Monegier ***

Georgetown University (“GU”) held the EP0647140 patent for ‘Papillomavirus vaccines’ and filed an application for an SPC on 14 December 2007 (application no. 300321) for recombinant L1 protein of human papillomavirus (HPV) type 16, which application was denied by the Dutch Patent Office (“DPO”) by decision of 19 May 2010. GU filed objections against this refusal on 30 June 2010. Parties agreed to directly appeal to the District Court of The Hague and they have filed their views regarding the decisions of the ECJ of 24 and 25 November 2011 in C-322/10 (Medeva), C-422/10 (Georgetown University) and C-630-10 (Queensland).