Varying approaches: granting SPCs in Europe


For many of the key questions relating to the grant of SPCs, there is some variance in the practice of national patent offices, even where there is guidance from the CJEU, as Simon Spink and Adrian Chew of Bristows explain.
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.
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