tag:blogger.com,1999:blog-6377401824680246858.post2390865860983010591..comments2024-03-05T15:49:16.751+00:00Comments on The SPC blog: Portugal: the mystery deepensroberthttp://www.blogger.com/profile/03575489215896576032noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-6377401824680246858.post-63317112896309429842013-08-29T09:20:57.750+01:002013-08-29T09:20:57.750+01:00Is such a complicated approach to calculating SPC ...Is such a complicated approach to calculating SPC term really necessary? It seems to me that Recitals (9) and (10) of Regulation 469/2009 indicate that the correct approach is much simpler. That is, the expiry date of the SPC is determined as being either:<br />(a) 15 years from the 1st MA in the EEA; or, if this would result in the SPC having a (post patent expiry) term of greater than 5 years<br />(b) 5 years from the expiry of the patent.<br /><br />"Old law" patents in Portugal having a term of greater than 20 years from filing will obviously be less likely to run into the 5 year term cap than will "standard", 20-year patents.<br /><br />Thus, for SPCs based upon "old law" patents in Portugal, there is a possibility of later expiry dates compared to SPCs based upon equivalent patents in other EU territories. However, this quirk of the law would not appear to justify the approach seemingly now adopted by the Portuguese PTMO, which is to abandon the fundamental principle set out in Recital (9).Mike Snodinnoreply@blogger.com