Last December the Court of Justice of the European Union gave its verdict on three cases, bringing some much-needed clarity on when SPCs may be issued. However, while some questions were answered, others arose in their place. WIPR provides the analysis.
On December 12, 2013 the Court of Justice of the European Union (CJEU) delivered rulings for three cases relating to the issue of supplementary protection certificates (SPCs) which, it was hoped, would introduce some clarity on how to interpret some rules of the regulation.
SPCs extend the protection of a patented active ingredient or combination of active ingredients in a pharmaceutical product after the patent has expired.
They are intended to compensate the innovator for time of the patent term that may be lost while waiting for regulatory approval, and can add up to five-and-a-half years of protection after a patent’s expiry date.
To continue reading, you need a subscription to WIPR. Start a subscription to WIPR for £455.
In-house feature articles, the archive and expert comment require a paid subscription. Subscribe now.
Want to give it a try? We are offering a two week free trial to the WIPR website – register and select “Free Trial” to begin access to the full WIPR archive and read the latest news, features and expert comment. Begin your free trial here.
Is your 2 week free trial about to end? Upgrade to a 12 month subscription for £455 now.
If you have already subscribed please login.
If you have any technical issues please email James Lynn on firstname.lastname@example.org.
SPCs, CJEU, UK High Court, Patent