Varying approaches: granting SPCs in Europe

Supplementary protection certificates (SPCs) are a hugely important intellectual property right for the pharmaceutical industry as they can extend patent protection for a particular pharmaceutical product for up to five additional years.

SPCs are provided for under EU law by the SPC regulation (Regulation [EC] No. 469/2009), but are prosecuted and granted by national patent offices, and enforced and revoked before national courts. The wording of the SPC regulation is deceptively simple, and in short provides that: