For some patents, 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). This extension applies to patents protecting pharmaceutical or plant protection products in Europe.
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 a Supplementary Protection Certificate, 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 specialist on Supplementary Protection Certificatesfor more information or fill out this contact form with your inquiry, and we will get back to you as soon as possible.
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