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

Wednesday 9 May 2018

Update from Finland - rectifying the term of an SPC

Kirsikka Etuaho, Jukka Taskinen and Janina Hakanpää of Espatent have sent us the following update on the rectification of an SPC term in Finland:
The Finnish Patent Office recently published two announcements, one in January and one in April 2018, regarding the relevant dates for the term of supplementary protection certificates. 
According to a judgement of the Court of Justice of the European Union given on 20 December 2017 in case C-492/16 (Incyte Corporation), the authority that has granted a SPC must rectify the term of valid SPCs at the request of the holder. The Finnish Patent Office has individually contacted by letter all SPC holders in position to make such a request. Since January, many of the requests have already been processed and requestors informed accordingly. 
The rectification possibility applies to SPCs granted on the grounds of both a centralized marketing authorization and a national marketing authorisation. The date of the relevant marketing authorisation is set to be the date on which notification was given of the marketing authorisation decision (case C-471/14 (Seattle Genetics)). 
In their announcements, the Finnish Patent Office further gave some practical advice to the requestors on the information and enclosures needed.

Many thanks!

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