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

Thursday 14 January 2010

SPC Seminar 2010 - Short Overview

Considering that snow blanketed London yesterday, there was quite a turnout for the SPC Blog's 2nd Seminar on SPC Law and Practice in 2010. We had a few excellent presentations and a lively debate on hot topics. Unfortunately, one of our speakers, Javier Huarte (Grau & Angulo) was not able to join us due to snow-related travel complications.

Here's a short summary for readers who were not able to make it:

Jeffrey Boone (Covidien) provided an overview of patent term extensions in the United States under the Hatch-Waxman Act, including information on the application process, extension period allowed, which products are covered as well as some recent case law.

Martijn de Lange (Netherlands Patent Office) touched on the recent ECJ decision C-482/07 (AHP) and its implications, problems related to paediatric term extensions based on national marketing authorisations, zero/negative term SPCs and that the infringement test was rejected by the Dutch Court of Appeal.

On the hot topics front, issues around SPC infringement stimulated a heated debate. The Blog will post other questions/issues raised during the seminar along with some comments in the next couple of weeks.

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