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 31 October 2008

SPCs in Spain

SPCs at the Spanish Patent Office (OEPM)

Considering all the noise the Spanish made to try to stop SPCs in the first place, the Spanish Patent Office (the SPTO) has an pleasantly structured website on SPCs. It provides a step-by-step guide to the whole process of obtaining an SPC including before applying, during the application procedure and reminding you to pay the award fee once the SPC has been granted. And all of this information is available in English.

Spanish Supreme Court Rules on SPCs

While searching for this information the SPC Blog also stumbled on a short report published by the law firm of Amat i Vidal-Quadras about what appears to be the first judgment by the Spanish Supreme Court on SPCs.
In this case, which had to do with the SPC for fosinopril and hydrochlorothiazide, the Spanish Supreme Court established that the administrative courts have jurisdiction to hear appeals against the granting of SPCs. Moreover, the court held that this product did not fall within the scope of the basic patent and therefore overturned the Spanish Patent Office's decision to grant the SPC.

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