Unitary SPC should follow new patent system: EC official
11-06-2020
Rich Carey / Shutterstock.com
The CJEU’s many attempts to clarify the law around SPCs has created more questions than answers, as Katie Cambrook and Ben Millson of Bristows explain.
The European Supplementary Protection Certificate (SPC) Regulation incentivises pharmaceutical research and development by providing an extension to patent protection to compensate for time lost in obtaining a marketing authorisation (MA).
It has proved a challenge to interpret and has been responsible for a steady stream of referrals to the Court of Justice of the European Union (CJEU) since its inception. Although the CJEU has managed to settle some of the debates about SPCs, several remain live.
Protected by the basic patent in force
Article 3(a) of the SPC Regulation requires that, for an SPC to be granted, “the product is protected by a basic patent in force”.
Life Sciences Intellectual Property Review (LSIPR) tracks the increasing challenges for intellectual property specialists in the rapidly evolving world of life sciences. From gene patents to stem cell research, we provide the very best news and analysis.
To continue reading this article and to access 4,500+ articles, our digital magazines and special reports published for LSIPR subscribers only then you will need a subscription.
If you are already subscribed please login.
Official LSIPR subscribers include:
Allen & Overy
Arnold & Siedsma
Birch, Stewart, Kolasch & Birch LLP (BSKB)
Carpmaels & Ransford
Cooley
European Patent Office
Finnegan LLP
GH Research
Gowling WLG
George Washington Law School
HGF Limited
IQVIA
Kirkland & Ellis International LLP
Marks & Clerk
Mintz Levin
NiKang Therapeutics Inc.
Powell Gilbert LLP
Procopio, Cory, Hargreaves & Savitch LLP
Taylor Wessing
The United States Patent and Trademark Office (USPTO)
Valea AB
World Intellectual Property Office
For multi-user price options, or to check if your company has an existing subscription we can add you into for FREE, please contact Atif at achoudhury@newtonmedia.co.
If you have any technical issues please email tech support.
SPCs, CJEU, Neurim, Pharma, Teva, bristows, decision, claim, invention, European, Royalty, article, claims, Patents, second medical use, Novartis
