Avoiding the Actavis SPC trap

Supplementary protection certificates (SPCs) are national rights in Europe that extend patent protection for medicinal and plant protection products. Their aim is to compensate patentees for the years of patent term lost during lengthy regulatory approval processes that are necessary to get such products to market. Given that up to five-and-a-half years of additional protection can be gained beyond patent expiry, SPCs are often hard fought over before patent offices and courts.