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）－β，δ－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 

Patent term extension in Macau: an answer

In swift response to today's earlier post seeking information on patent term extension in Macau, a kind reader has submitted the following information which this weblog gratefully posts:

"Section III, Articles 125 to 128 of Decree-Law Nº 97/99/M of 13 December 1999 provides for Complementary Protection Certificates (CPCs) in Macao. The Macao CPC law is a vestige of Macao having been a Portuguese colony, since Portugal had provided for CPCs even before other European countries enacted their Supplementary Protection Certificate (SPC) laws.

Patents pertaining to medicines and “phyto-pharmaceutical products” (i.e., plant extracts) are eligible for a CPC. Veterinary drugs may be included within the scope of “medicines” -- but the statute does not expressly mention them.

The CPC application cannot be filed until six months from the original (unextended) expiration date. It is recommended that the application be filed on the first possible day, since the legal effect of a patent’s expiration during the pendency of a CPC application is not known. There is no specific provision in the law for interim extensions comparable to that under the U.S. law.

The statute does not describe any limitation on the scope of the CPC.

The maximum duration of a CPC is 7 years. However, the statute does not provide any formula for calculating the duration in individual cases".

Patent term extension in Macau: a question

A reader has emailed The SPC Blog to ask a question to which this blogger has no immediate answer:

"Do you know anything about Supplementary Protection Certificate legislation in Macau?"

If anyone can provide information or guidance concerning any formal or informal means of extending patent term in Macau, can he or she please let us know?