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

Saturday 21 November 2009

SPC practice in Germany - changes due to the PatModG

Klemens Stratmann (Hoffman-Eitle, Munich) has kindly informed us of some recent developments on SPCs practice in Germany due to the Patentrechtsmodernisierungsgesetz (shortened - PatModG; English translation - The Act to simplify and modernise the Patent Act), which entered into force on 1 October 2009:
"One change concerns requests for the correction of the duration of granted SPCs. Prior to 1 October 2009, the terms of granted SPCs could only be corrected by lodging a request for partial nullification at the Federal Patent Court. The SPC proprietor was barred from filing such request. Although there is no explicit legal basis for requests of this type to be found in Regulation 1768/92, that this can be allowed may be derived from Art. 17(2) and Recital 17 of Regulation 1610/96 (Federal Patent Court decision "Finasterid", 15 March 2007, 3 Ni 2/06).
New Sec. 49a (4) of the German Patent Act allows for the first time the filing of requests for the correction of an SPC at the German Patent and Trademark Office. Further, such requests can be filed by the owner of the SPC, for instance if he was in error regarding the first authorization to place the product on the market in the Community when filing the SPC request.

New Sec. 49a(3) of the German Patent Act implements the provisions of Regulation 1901/2006 on medicinal products for paediatric use.

The German legislators also took the opportunity with this change to introduce fees for extensions of paediatric SPCs. Should an SPC application already be pending, the request to extend the SPC costs 100 € as of October 1, 2009. If the request for SPC extension is lodged after the SPC application, the fee is 200 €."

The SPC Blog would be interested in knowing how corrections are handled in other European countries. Please post your comments below.

1 comment:

Manos Markakis said...

In Greece, the inaccurate expiry date indicated on a granted SPC can be corrected by a simple request, filed by the owner of the SPC, with the Industrial Property Organization (OBI).