SPC conditions clarified for combination drugs
December 2011/January 2012
Intellectual Property Magazine, December 2011/January 2012
The Court of Justice of the European Union (the CJEU) has clarified certain key conditions that patentees must satisfy to obtain a supplementary protection certificate (SPC) for medicinal products combining active ingredients. The CJEU's ruling considered questions referred from the Court of Appeal of England and Wales in the proceedings Medeva BV v Comptroller of Patents, Designs and Trade Marks. This ruling has important implications for both patentees looking for patent term extension in key EU markets and their competitors looking to enter such markets.