Patents – Rectifying the term of supplementary protection certificates (SPC) for medicinal products

According to a judgement of the Court of Justice of the European Union given on 20 December 2017 in case C-492/16 (Incyte Corporation), the authority that has granted a supplementary protection certificate (SPC) must rectify the term of valid SPCs at the request of the holder.

We will send a letter to all SPC holders who may be able to make such a request.

The rectification possibility applies to SPCs granted on the grounds of an EU marketing authorisation. The date of the EU marketing authorisation is set to be the date on which notification was given of the marketing authorisation decision (case C-471/14 (Seattle Genetics)). Read our previous announcement. You will find the notification date in the publication with the decision in the Official Journal of the European Union.

When filing your rectification request, please enclose the following information necessary for settling the case according to the new practice:

  • notification date of the marketing authorisation decision, and
  • copy of the publication with the decision.

For more information, please contact:

Ms Saara Mustamäki
Senior Patent Examiner
Tel. +358 29 509 5905

Ms Pia Niinimäki
Senior Patent Examiner
Tel. +358 29 509 5490

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Latest update 25.04.2018