The CJEU Calls Extra Time For SPCs - But There May Be Further Battles Ahead For Companies
05 November 2015
Author: Mike Snodin
SCRIP Regulatory Affairs (23 October 2015)
This article, which was first published in SCRIP Regulatory Affairs on 23 October 2015, discusses the CJEU's judgement in Seattle Genetics (C-471/14, which was decided on 6 October 2015). That judgement validates an argument first proposed by Mike Snodin in October 2011, namely that the duration of SPC protection should (where relevant) be calculated upon the basis of the notification date of a "centralised" Marketing Authorisation - and not the (earlier) date of the European Commission's decision to issue the MA. Whilst noting obvious consequences of the judgement (additional duration that should be awarded to certain SPCs), the article also discusses some potentially broader implications with respect to the deadline for filing some SPCs, determining the date of certain national MAs and determining the MA date for the purposes of Articles 3(b) and 3(d). Finally, the article mentions the battles that companies may face when trying to persuade national patent offices and courts to fully implement the decision in respect of SPCs already granted - and points to a recent decision that may help to win those battles.