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 blog also addresses wider issues that may be of interest or use to those involved in the extension of patent rights. You can email The SPC Blog here

Friday 17 September 2010

Vaccines causing trouble once more....

Here we go again, another question on Article 3(b) referred to the CJEU, this time via Georgetown University (and others) - with yet another vaccine patent (referral here).

The question referred is the same as question 6 in the Medeva vaccine reference (reported here) on Article 3(b).

Specifically:

Does the SPC Regulation and, in particular, Article 3(b), permit the grant of a Supplementary Protection Certificate for a single active ingredient or combination of active ingredients where:
(a) a basic patent in force protects the single active ingredient or combination of active ingredients within the meaning of Article 3(a) of the SPC Regulation; and
(b) a medicinal product containing the single active ingredient or combination of active ingredients together with one or more active ingredients is the subject of a valid authorisation granted in accordance with Directive 2001/83/EC or 2001/82/EC which is the first marketing authorisation that places the single active ingredient or combination of active ingredients on the market?

Chastened that IPKAT posted this information before us, the SPC blog raises a weekend glass to that team!

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