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, 4 March 2010

Recent articles

"Attacks on Supplementary Protection Certificates" is the title of a challenging piece in the March 2010 issue of Patent World, published ten times a year by Informa. The authors are Hiroshi Sheraton and Andrew Sharples (McDermott Will & Emery), who conclude
"The extreme complexities of the legal system underpinning the grant and validity of SPCs is highlighted by the wealth of case law originating from appeals from national patent offices. Those complexities, and the commercial importance of rights afforded by SPCs, are also giving rise to an increased number of disputes in which the validity of SPCs are being challenged independently of the validity of the underlying patent and that trend is likely to continue".
You can see the contents of the current issue of Patent World here.

"Pediatric Exclusivities in Europe -- a Quest for the Grail?", an article by Geneviève Michaux (of Counsel. Covington & Burling LLC, Brussels, Belgium), originally published in 64 Food and Drug Law Journal, 631-662 (2009), has now been republished in issue 1 (2010) of the respected Intellectual Property Quarterly (IPQ), a journal which is associated with the Intellectual Property Institute, London. For the abstract of this article (nb the IPQ does not publish abstracts) click here.

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