Opinion of the AG for C-125/10 is out!

The opinion is out and is available here (but not in English yet). In short, the AG is in favour of granting a 'negative' SPC even if the period between the date on which the application for a basic patent was lodged and the date of the first authorisation to place the product on the market in the community is less than five years.

Many thanks to Monika Heinemann (Abitz & Partner) and Andreas von Falck and Miriam Gundt (Hogan Lovells LLP) for passing this on.

Merck ECJ reference: Opinion due this Thursday

Here's a quick reminder: this coming Thursday will see the publication of the Opinion of the Advocate General in Case C-125/10 Merck & Co Inc v Deutsches Patent- und Markenamt, a reference for a preliminary ruling from the Bundespatentgericht (Germany) lodged back in March 2010.

The question referred to the Court of Justice of the European Union is this:

"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 first authorisation for marketing in the Community is shorter than five years?"

This weblog looks forward to bringing you news of the Opinion, together with comment if appropriate.

The SPC Blog is conducting a poll, which closes at 9:30am on Thursday. You will find this located at the top of the side bar on the right of the blog's front page. Is the answer "yes" -- or is it "no"? This is your big chance to vote!

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?"