Three December decisions from the Court Of Justice of the European Union shed light on supplementary protection certificates in Europe.
Georgetown University v Octroocentrum Nederland (Netherlands Patent Office)
Background
In 2007, Georgetown University filed eight SPC applications with the Netherlands Patent Office (OCN) based on European patent number 0647140 entitled ‘Papillomavirus vaccine’. The patent was awarded on December 12, 2007 (the day of the SPC application) and expired on June 23, 2013. Two of the SPC applications covered combinations of the active ingredients of the vaccine, four were for the individual active ingredients, and two others related to two of the individual ingredients.
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SPCs, CJEU, supplementary protection certificates, Sanofi, Georgetown
