Supplementary protection certificates in the European Union


Isobel Finnie
Haseltine Lake LLP, Bristol, UK


256th ACS National Meeting - Boston
Monday, August 20, 2018, 2:15PM
"Extensions to Patent Term in the U.S. & Worldwide"


Holders of patents to medicinal products in Europe must use Supplementary Protection Certificates (SPCs) to secure extensions of protection as compensation for delays to marketability arising from the regulatory approval process. SPCs, though creatures of national patent offices, have given rise to a unique body of case law, at the national level as well as at the Court of Justice of the European Union. We will review the statutory framework that governs SPC practice, as well as strategies for obtaining SPCs in as many European jurisdictions as is practicable.