A niche blog dedicated to the issues that arise when supplementary protection certificates (SPCs) extend patents beyond their normal life -- and to the respective positions of patent owners, investors, competitors and consumers. The blog also addresses wider issues that may be of interest or use to those involved in the extension of patent rights. You can email The SPC Blog here

Monday 29 June 2009

Paedriatric extensions: note on Merck

Writing in the Oxford University Press monthly Journal of Intellectual Property Law & Practice 2009 4: 457-459, Professor Dr Ulrich M. Gassner has produced a helpful note, "Paediatric extensions: the requirement of a compliance statement", on the decision in Merck and Co., Inc. [2008] BL O/035/08, UK IPO, 6 February 2009 (see also the posting on The SPC Blog here). According to the abstract,
"Taking a narrow interpretation of what is meant by a statement indicating compliance with an agreed completed paediatric investigation plan (PIP), the UK Intellectual Property Office has held that a valid application for a paediatric extension must include an authorization containing such a statement and that therefore a positive opinion of the Paediatric Committee of the EMEA, as such, is not suitable as a means to meet this requirement".
The SPC Blog is taking steps to get permission from the publishers to make this note available to its readers.

1 comment:

Annette said...

I am happy for this to be made available. Annette