EPO restricts Novogen patent claims – and opens the door for isoflavones
Following objections by 10 European countries, including Germany, France, Italy and the UK, and by Solbar (Israel), the European Patent Office (EPO) has rejected large parts of the Novogen patent claims – originally granted in 2004 – for the use of isoflavone phyto-oestrogen extracts.
The EPO has restricted claims wherein the isoflavone phytoestrogen extract comprises genistein and daidzein (aglycones) from soybeans, and biochanin A or formononetin in red clover, ‘in a ratio of about 1:2 to 2:1’.
Part of the Novogen patent states: ‘Medicament for the treatment of pre-menstrual syndrome or symptoms associated with menopause’.
However, until an official statement of approval from European Food Safety Authority, a ‘treatment’ claim is not possible.
According to Solbar, in accordance with Council of Responsible Nutrition symposium (May 2009) on the Efficacy and Safety of Isoflavones for Postmenopausal Women, its Solgen soy isoflavones are designed to alleviate symptoms experienced by postmenopausal women as used in non-medical nutraceutical products.