About Blog 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 same legislation also provides for the granting of
supplementary protection certificates (SPCs), which give additional patent protection of up to five years where there has been a regulatory delay in allowing patented medicines to be sold on the EU market.
He has extensive experience of patent prosecution in countries outside Europe and has pan-European expertise in the filing and prosecution of
supplementary protection certificates nationally, as well as considerable experience and success before the European Court of Justice, including the widely cited Queensland (C - 630 / 10) and Neurim (C - 130 / 11) referrals.
It will also have competence over actions concerning infringement and validity of
Supplementary Protection Certificates, for pharmaceutical and plant protection products, based on European bundle patents and unitary patents.
Europe has used «
Supplementary Protection Certificates» since the early 1990s in similar circumstances as the new Certificates of Supplementary Protection in Canada, although there are some implementation differences, including a maximum five year term in Europe.
Not exact matches
new NOC Regulations will also relate to infringement regarding a SPC that could result from «making, construction, use or sale of a patented invention or invention protected by a
certificate of
supplementary protection»
certificates of
supplementary patent
protection («SPC») of up to 2 years will be available to compensate for regulatory approval delay
In parallel with the consultation on the Patent Rules, the CETA Implementation Act will also affect patents by introducing patent term extensions through
certificates of
supplementary protection (CSPs) for certain pharmaceutical inventions, and an overhauled the patent linkage system.
The
Certificates of
Supplementary Protection are available for both human use and veterinary use medicinal ingredients but as of this time, no applications have been filed for veterinary use.
See the Register of
Certificates of
Supplementary Protection (link) maintained by Health Canada for the latest status.
Franco has many years» experience throughout the world, in the Renewal of Patents of Invention, Designs, Utility Models,
Supplementary Protection of
Certificates, Textile Designs, Plant Varieties and Trademarks.
The term of the
supplementary protection is a maximum of two years, based on the date that the authorization for sale set out in the
certificate is issued but may be discounted by any «period of unjustified delay» caused by the applicant's failure to act.
115 (1) The issuance of a
certificate of
supplementary protection grants the
certificate's holder and their legal representatives, during the
certificate's term, the same rights, privileges and liberties that are granted by the patent set out in the
certificate, but only with respect to the making, constructing, using and selling of any drug that contains the medicinal ingredient, or combination of medicinal ingredients, set out in the
certificate, by itself or in addition to any other medicinal ingredient.
Comparison are also likely going to be made between the Canadian
Certificates of
Supplementary Protection and patent term adjustments in the United States.
It will likely be some time before the impact of the
Certificates of
Supplementary Protection are felt in Canada.
Health Canada's online Register of
Certificates of
Supplementary Protection and Applications indicates that the first CSP has issued in relation to TrumenbaTM, a meningococcal group B vaccine.
These CSPs are listed on Health Canada's new Register of
Certificates of
Supplementary Protection and Applications, along with a number of pending CSP applications.
With the implementation of the CETA, as of September 21, 2017, Canadian law now provides for
certificates of
supplementary protection that extend the term of certain pharmaceutical patents for up to two years.