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

Monday 26 March 2012

Plant SPC from earlier veterinary SPC? Yes, it can be done

"Can you get a plant SPC where there is an earlier veterinary SPC?" That's the question posed by James Horgan (Merck & Co., Inc. The answer, which he thoughtfully provides for us, is "Yes, say the Hungarians". The proof of this proposition may be found in a decision of the Metropolitan Court of 12 January 2012.

James has sent us a handy English translation from Danubia, which represented Merck Sharp & Dohme Corp. in the application. The patent, with a filing date of 2 April 1992, was for “Stable BLA/BLB salts of 4”-deoxy-4”-epi-methylamino avermectin”. To the SPC application there was attached, in addition to the basic patent on which the application was based, the first authorisation to place a composition called Slice on the market in the Community as a veterinary product (Vm00201/4153, United Kingdom, January 14, 2000); as a product the petitioner named an insecticide called Affirm (active ingredient: emamectin benzoate). To read what happened next, click here for the 8-page decision.

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