Supplementary Protection Certificates (SPCs)
A supplementary protection certificate (SPC) is a European IP right granted on a national basis that provides protection for a patented active ingredient or combination of active ingredients of an authorised medicine or plant protection product after expiry of the patent. It is intended to compensate delays in gaining regulatory approval and the resulting curtailment of the duration of effective protection under the patent.
The owner of a patent protecting an active ingredient or combination of active ingredients present in an authorised medicine or plant protection product, i.e. a medicine or plant protection product that has been awarded an MA, may be in a position to obtain an SPC for that active ingredient or combination. Whether or not the patent owner is the MA-holder is not relevant.
However, if a patent owner has already been awarded an SPC in a given country for an active ingredient or combination of active ingredients of an approved medicine/plant protection product then that owner is precluded from obtaining further SPCs in that country for the same active ingredient or combination.
We have had notable successes in the field of Supplementary Protection Certificates (SPCs), particularly within the life sciences sector.Â Our awareness of the commercial value in obtaining a SPC drives the team. We have a strong track-record in advising clients in this area as well as prosecuting SPC portfolios across Europe and have extensive experience in SPC applications and challenges.
We understand the value of Supplementary Protection Certificates