Requests to correct the term of supplementary protection certificates for medicinal products

According to a judgement of the Court of Justice of the European Union (CJEU) in case C-471/14 (Seattle Genetics), the term of supplementary protection certificates (SPC) for medicinal products is calculated from the date of notification of the EU marketing authorisation decision.

According to our interpretation, the judgement will have no effect on the term of already granted SPCs. Read our previous announcement.

A request for a preliminary ruling on this matter has been made to the CJEU (case C-492/16). Our interpretation may change when the CJEU has answered the questions referred to it. We will therefore postpone the processing of requests to correct the SPC term until the CJEU has given its decision about this case.

For more information, please contact:
Ms Saara Mustamäki
Senior Patent Examiner
Tel. +358 9 6939 5905

Mr Niklas Hastrup
Senior Patent Examiner
Tel. +358 9 6939 5513

Email: firstname.lastname@prh.fi

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Latest update 26.01.2017