CJEU decided that an SPC cannot be granted for a new formulation of an old active ingredient

The CJEU has just issued the judgement in the C-443/17 case (Abraxane).

As expected, the CJEU has confirmed the opinion of the Advocate General and decided that an SPC cannot be granted for a new formulation of an old active ingredient, despite the new formulation, called ‘nab-paclitaxel’, allows the active ingredient to exercise its therapeutic effects with an increased efficacy.

 

The whole decision can be found at the following link.