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, 6 September 2012

Paediatric poser: an answer


Earlier today this weblog published a paediatric poser concerning plans for paediatric extensions in Switzerland and asked if any reader could assist. Kilian Sch√§rli, (a Rechtsanwalt with meyerlustenberger lachenal) has kindly obliged with the following information:

"Switzerland is indeed planning to introduce paediatric extensions to its SPC (new Art. 140n PatG) along the same lines as the EU’s legislation with the Ordinary Revision of the Therapeutic Products Act (stage 2). 

Here's the Explanatory Report (p. 98 f.) and the Results of the Consultation concerning the Ordinary Revision of the Therapeutic Products Act (p. 72 ff.). Unfortunately, both documents are not yet available in English. 
The Federal Office of Public Health (FOPH) is in charge for the Ordinary Revision of the Therapeutic Products Act. According to FOPH’s webpage the following persons should be able to provide up-to-date information regarding the expected date for its entry into force: Matthias Enderle / Amedeo Cianci Tel: +41 31 324 50 41 / +41 31 322 63 19; email matthias.enderle@bag.admin.ch; website www.bag.admin.ch  
In this regard, it is worth to mention that the Swiss Federal Institute of Intellectual Property has changed its practice (sic! 6/2012, p. 419 f.) regarding the grant of SPC with a negative term of protection – effective as of now – based on the decision in Case C-125/10  Merck in June 2012".
The SPC Blog has tried, so far without success, to email its personal gratitude to Kilian, so for the time being all we can say is a very public "thank-you!"

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