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

Thursday 2 February 2012

patent term extension in Macau: even more information

If anyone ever doubted that The SPC Blog was a useful tool for finding out about jurisdictions in which a person has little or no personal involvement or experience, the answers received in response to a reader's question concerning Macau must surely go some way towards dispelling those doubts.  First we received this response; now we have been sent even more information by our ever-helpful friend Alice de Pastors, which we are delighted to reproduce here:

A few SPC data are available on the website of Macau Patent Office.For instance
- SPC 5 for linezolid has an expiry date 18/08/2021 (7 years from the patent term)- SPC 8 for atorvastatin has an expiry date 05/10/2017 (10 years from the first MA date).Below please find an extract from the Macau Patent Office database.


SPC data from Macau Patent Office No. of Complementary Certificate for the Protection of Medicines and Phyto-pharmaceutical Products F/5Applicant / Holder 法瑪西雅厄普約翰美國公司 PHARMACIA & UPJOHN COMPANY LLC
Address
Address 美國密執安 7000 Portage Road, Kalamazoo, MI 49001, USA
Invention Patent No. / Extension Invention Patent No. J/65 - 16/08/1994
Invention Patent No. / Extension Invention Patent No. J/65 - 16/08/1994Title of Patent (Chinese / Portuguese Version Only) 取代的噁嗪和噻嗪噁唑烷酮抗微生物劑。 Date of Application 23/06/2008
Date of Ruling 05/02/2009
Protecção de certificado complementar de protecção para medicamentos e produtos fito-farmacêuticos  05/02/2009                         9/2009              II  04/03/2009 
Product Identification Zyvox (Linezolid)
No. of the First Authorization to Place the Product on the Local Market 600459
Date of the First Authorization to Place the Product on the Local Market 25/01/2002Valid Until 16/08/2021 7 years from the patent termStatus Foi emitido

No. of Complementary Certificate for the Protection of Medicines and Phyto-pharmaceutical Products     F/8Applicant / Holder WARNER-LAMBERT COMPANY LLC Address 235 East 42nd Street, New York, NY 10017, United States of America Invention Patent No. / Extension Invention Patent No.     J/64 - 08/07/1996Title of Patent (Chinese / Portuguese Version Only) 結晶〔R-(R*R*)〕-2-(4-氟苯基)-βδ-二羥基-5-(1-甲基乙基)-3-苯基-4-〔(苯氨基)羰基〕-1H-吡咯-1-庚酸半鈣鹽。Date of Application 13/11/2008
Date of Ruling 05/02/2009
Protecção de certificado complementar de protecção para medicamentos e produtos fito-farmacêuticos 05/02/2009        9/2009                         II                       04/03/2009
Product Identification Lipitor (Atorvastatin)
No. of the First Authorization to Place the Product on the Local Market    605193
Date of the First Authorization to Place the Product on the Local Market 05/10/1997Valid Until 05/10/2017 10 years from the first MAStatus Foi emitido 

1 comment:

Derek said...

"SPC 8 for atorvastatin has an expiry date 05/10/2017 (10 years from the first MA date)"
Clearly not - the first MA date is stated in the SPC data as being 05/10/1997, which would make the expiry date 05/10/2007.
The priority date for the atorvastatin base patent was 21 July 1989, so the patent from which the extension was granted in Macao was filed sometime in July 1990, giving it an expiration in July 2010. An SPC of 7 years from the patent term would take the patent life to July 2017.
Quite how the expiry date of the SPC got to be 5 October, when the patent date would make it sometime in July, is unclear to me.