For patents protecting pharmaceutical or plant protection products in Europe, it is possible to obtain an extension of the patent protection for up to 5 years via an application for a Supplementary Protection Certificate (SPC) for that product.
The possibility of a 5-year patent extension has been introduced to counteract the increasing gap between the beginning of a patent term and the obtainment of regulatory approval of pharmaceuticals and plant protection products, which has led to an erosion of the effective patent term for such products.
To obtain an SPC, two basic requirements have to be met: You must be the proprietor of a granted patent protecting the product in question and you must have a granted marketing approval for that product.
Plougmann Vingtoft provides guidance on the filing and prosecution of SPC applications in Denmark and Europe as well as SPC case law in Denmark and the European SPC legislation in general.
Contact our SPC specialistfor more information on SPCs or fill out this contact form with your enquiry, and we will get back to you as soon as possible.