GNL 7: Infringement – Supplementary Protection Certificates

In 1993, a system of effectively extending the patent term of protection for particular pharmaceutical products was introduced by the use of supplementary protection certificates (“SPCs”), further to Council Regulation (EEC) No 1768/92 (now Regulation 469/2009/EC) (“SPC Regulation”).

This Guidance Note explains the purpose of SPCs, the conditions for obtaining them and how the length of protection is determined.

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