Danish and Portugese Patent Offices on the term of an SPC

The Board of Appeal of the Danish Patent Office calculates the term of an SPC on the basis of the date on which the first marketing authorisation of the pharmaceutical product was granted and not on the basis of the (later) date on which the applicant was notified that the authorisation has been granted.

The UK- and yet the Portuguese Patent Offices take the other approach. They refer to the later date as the basis for its calculation of the validity period of an SPC, thus granting longer period of patent protection.

There is still no uniform European practice in place. We are confident that the European Court of Justice will have to deal with that soon.

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