Duration of SPCs clear now

Longer protection for SPC holders! In its recent judgement C-471/14 – „Seattle Genetics“, the ECJ clarified what numerous patent offices all over Europe wanted to know: Which date is relevant for the calculation of the term of an SPC (see also GEISTWERT Blog here): The date of the authorisation for marketing or the date of the notification of the authorisation for marketing?

The ECJ decided for the latter, thus allowing SPC holders to benefit some days longer from the patent protection provided by the SPC. The different practices of the various European patent offices thus have come to an end.

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