Key points
- This case is interesting mostly because of the technology at issue.
- Namely "a liposome for in vivo delivery of RNA to a vertebrate cell, ... [comprising] RNA which encodes an immunogen".
- Claim 1 of the patent reads as follows: "A liposome for in vivo delivery of RNA to a vertebrate cell, the liposome having a lipid bilayer encapsulating an aqueous core, wherein:
(i) the lipid bilayer comprises a lipid having a pKa in the range of 5.0 to 6.8 when measured as described in the section "pKa measurement" of the description; and
(ii) the aqueous core includes a RNA which encodes an immunogen." - The opposition was withdrawn in the cours of the appeal of the patentee. The Board finds claim 1 to be novel, unlike the OD, and remits the case to the OD to decide whether to continue the proceedings of own motion pursuant to Rule 84(2) EPC.
EPO T 1627/18 - link
(decision text omitted)
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