Supplementary Protection Certificate, SPC

Normally, you need a licence to use inventions relating to medicinal products or plant protection products. The licence requires comprehensive and time-consuming investigations to find out whether the products are safe for users and the environment. The investigations take up a significant part of the patent term, and that is why it is possible to extend the patent term by applying for a Supplementary Protection Certificate (SPC) for patents relating to medicinal or plant protection products.

Duration

An SPC is granted for a period of up to five years, but it may be extended, at request, for a further six months if it concerns a medicinal product for paediatric use and has undergone the appropriate testing.

The SPC enters into force when your basic patent expires at the end of the 20-year patent term. Example: if a basic patent filed on 10 October 2000 expires on 10 October 2020, the SPC will enter into force on 11 October 2020.

How to apply

File your application with the PRH in Finnish or in Swedish to obtain an SPC in Finland. The application form provides instructions on how to fill in the application and more details about the documents you must include with it. Please note that the application is subject to a fee.

Go to forms in Finnish or in Swedish .

Go to SPC fees.

Legislation

Regulation (EC) No 469/2009 of the European Parliament and of the Council concerning the supplementary protection certificate for medicinal products

Regulation (EC) No 1610/96 of the European Parliament and of the Council concerning the creation of a supplementary protection certificate for plant protection products

Regulation (EC) No 1901/2006 of the European Parliament and of the Council on medicinal products for paediatric use

Finnish Patents Act (chapter 9 a)

Finnish Patents Decree (sections 52 d–52 p).

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Latest update 16.06.2015