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 7 May 2010

High Court upholds IPO's decision on Circadin

In December 2009, we reported that the Intellectual Property Office refused an SPC application for Circadin on the grounds that the application did not comply with Article 3(d) of the SPC Regulation.

The High Court has upheld the IPO's decision. Following a review of the provisions of Regulation 469/2009 and case law of the Court of Justice (Pharmacia, MIT and Yissum), Arnold J. held that "Yissum is fatal to Neurim's case on this appeal". He also considered that the interpretation of Article 3(d) is acte claire.

You can read the decision here.

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