Comparative Quantitative Analysis of Supplementary Protection Certificates (SPCs) in Europe

Janodia, Manthan D (2017) Comparative Quantitative Analysis of Supplementary Protection Certificates (SPCs) in Europe. Journal of Intellectual Property Rights, 22. pp. 16-22. ISSN 0971-7544

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This article is an attempt to quantify and compare number of SPCs granted, filed and invalidated in five important European Countries UK, France, Germany, Italy and Spain. The data is collected for those patents having expiry in between 1 January 1995 till 31 December 2025. The article further focuses on recent case laws evolved in Europe and its impact on SPC filings. The analysis reveals that patentees are inclined to file more SPCs on product patents as lesser percentage of SPCs for product patent got invalidated. There is a decline in SPCs for patents on combination product. In contrast patents on composition seems to drive highest number of SPC applications as patent holders are trying to extend the life cycle of the product through follow on products, improved articles. It will be interesting to see how the trend of SPC filing will change in future after rise of Unitary Patents.

Item Type: Article
Uncontrolled Keywords: Medeva; Actavis; SPC; combination patent; Sanofi; Lilly; CJEU; carrier protein; markush claims.
Subjects: Pharmacy > MCOPS Manipal > Pharmacy Management
Depositing User: KMC Library
Date Deposited: 10 Apr 2017 04:06
Last Modified: 10 Apr 2017 04:06

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