C-125/10 - Merck & Co Inc v Deutsche Patent- und Markenamt

We have known for a while that the German Federal Patent Court (GFPC) was going to refer a question to the Court of Justice in the Sitagliptin case (15 W (pat) 36/08, see our postings here). The referral now has a number: C-125/10.

Just to remind you what it is all about, here is the question the GFPC asks:

"Can a supplementary protection certificate for medicinal products be granted if the period of time between the filing of the application for the basic patent and the date of the first authorisation for marketing in the Community is shorter than five years?"