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

Friday 5 June 2015

Forsgren: a new case note

The Bio-Science Law Review (Bio-SLR), published by Lawtext Publishing, carries a note on SPCs on vol.14 issue 4: it's "CJEU rules on the requirements for protecting carrier proteins using Supplementary Protection Certificates (SPCs)" and the author is Jennifer O'Farrell (Boult Wade Tennant, London). According to the abstract:
"Supplementary Protection Certificates (SPCs) extend the duration of protection conferred by a European patent for a medicinal product requiring marketing authorisation. The Court of Justice of the European Union (CJEU) has recently handed down the latest in a series of judgments (C-631/13 [a.k.a. Forsgren, noted briefly on The SPC Blog here]) which seeks to clarify what can, and cannot, be protected under EC Regulation No 469/2009 (the SPC Regulation). Here the CJEU has decided that an SPC may be granted for an active ingredient covalently bound to another substance only if the active ingredient for which supplementary protection is sought has a therapeutic effect covered by the wording of the marketing authorisation".

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