Ireland fee hike: your chance to comment

The Irish Patents Office has announced that Ireland's Department of Enterprise, Trade and Innovation is conducting a review of the fees charged for Supplementary Protection Certificates. This seeks to engage with interested parties to seek their views on the proposal to review the current application and renewal fees for Supplementary Protection Certificates. Responses should be received by close of business on Friday 30th July 2010. The rationale for changing fees is as follows:

"Fees for Supplementary Protection Certificates fall somewhat outside the rationale for keeping fees for intellectual property protection low, as the circumstances for granting SPCs are very different to those for granting patents. As a Supplementary Protection Certificate will provide patent protection to a pharmaceutical company up to a maximum of 25 years, a balance must be struck between paying a premium for
continued market monopoly and allowing for entry into the market for generic medicines.

By comparing current fees charged for Supplementary Protection in all Member States of the European Union, Ireland is currently the fourth least expensive country. In cost per head of population (per million) Ireland ranks as the tenth least expensive country of the EU 27, in line with countries with a population of approximately 10 million, namely Belgium, Sweden, Portugal and the Czech Republic. The preliminary fees for consultation as set out would bring Ireland closer in line with countries with similar population size such as Denmark, Finland and Slovakia".

The proposed new fees and European averages are indicated in tabulated form here.

UK medicines fees change from 1 April

The Medicines (Products for Human Use) (Fees) Regulations 2010, 2010 No. 551, were laid before the British Parliament yesterday and, assuming nothing goes wrong, will become law on 1 April. These Regulations revoke and re-enact in consolidated form, with some amendments, the Medicines (Products for Human Use) (Fees) Regulations 2009 as amended by the Medicines (Products for Human Use) (Amendments relating to Fees for Variations) Regulations 2009 and govern the fees payable under the Medicines Act 1971 and other fees payable in respect of EU obligations relating to marketing authorizations, licences and certificates in respect of medicinal products for human use.

The fees prescribed in the Regulations are revised on an annual basis following consultation and are based on an assessment of the costs associated with the functions in association with which fees are charged.

You might be forgiven for not spotting it, but there's a tiny reference to paediatric extensions and supplementary protection certificates hidden away in paragraph 10(4) of Schedule V ("Waiver, Reduction or Refund of Capital Fees"). You can spend the first half of your weekend looking for it and the second half wondering what it all means ...