tag:blogger.com,1999:blog-6377401824680246858.post8325496696528498696..comments2024-03-05T15:49:16.751+00:00Comments on The SPC blog: A mystery reference from Portugal: can anyone help?roberthttp://www.blogger.com/profile/03575489215896576032noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-6377401824680246858.post-11033496377992191432014-02-13T13:12:56.950+00:002014-02-13T13:12:56.950+00:00Looks like we have a decision 13.02.2014 - can any...Looks like we have a decision 13.02.2014 - can anyone confirm / post a copy of the decision?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6377401824680246858.post-50649626598704336732014-01-29T22:05:05.720+00:002014-01-29T22:05:05.720+00:00Hi,
I do not know the exact case but it certainly...Hi,<br /><br />I do not know the exact case but it certainly has to do with what both Luis and Andreas have written.<br />Anyhow, the problem with the calculation of the extension of SPCs does not come from the old portuguese IP Code granting a duration of 15 years from grant (as long has it results a final duration of at least 20 years from apllication date), but it is due to Regulation (EC) No 469/2009 itself as it was drafted taking in account that a duration of a patent was always 20 years (from application date). Some portuguese patents have more than 22, 23 and even 24 years of duration (from application) as they took 7, 8 and even 9 years to be granted...! <br />The interesting thing here will be to see the importance CJEU will give to the recitals of the Regulation.<br /><br />Regards,<br />João Jorge<br />RCF - Intelectual PropertyGondavcarhttps://www.blogger.com/profile/10585008404216267120noreply@blogger.comtag:blogger.com,1999:blog-6377401824680246858.post-62380083778692871162014-01-29T11:29:02.095+00:002014-01-29T11:29:02.095+00:00Hi,
I believe the case is related to the Monteluka...Hi,<br />I believe the case is related to the Montelukast SPC expiring 17/08/2014. The SPC has been calculated following the transitional provision article 6 - Decreto de Lei 36/2003 for patents granted according to the former Portuguese patent law and is based on PT99213, which has been filed on 11/10/1991 and has a patent term until 02/10/2013 (15 years after the date of grant). The EU authorization has been on 25/08/1997, so one would expect an SPC expiry of 25/8/2012 (not accounting pediatric extensions). The formula used according to Decreto de Lei 36/2003 allows SPC terms exceeding the 15 years after market authorization and there are a few other examples for this case in Portugal.<br />Hope this can help,<br /><br />Andreas Schmitt<br />A.S. DataservicesAndreas Schmittnoreply@blogger.comtag:blogger.com,1999:blog-6377401824680246858.post-16392275200289101242014-01-28T23:09:10.793+00:002014-01-28T23:09:10.793+00:00Hi,
I think this is about a case with a curious si...Hi,<br />I think this is about a case with a curious situation involving the interplay of two different patent acts, in which older patents had a term of 15y from grant. In some situations this could mean the SPC provides a granted+authorized protection of more than 15y. I suspect the referred question does not fully reflect this.<br />Drop me a line if you need more info. <br />Luis H FerreiraLuis Ferreirahttps://www.blogger.com/profile/09278513816919844743noreply@blogger.com