Supplementary Protection Certificate
Although the supplementary protection certificate is an independent procedure that requires a separate application, the very process of granting and even invalidation it is inextricably linked to the basic patent to which the SPC is granted.
SPC is an opportunity to extend the patent monopoly by up to five years relative to the statutory 20-year patent protection. Such a privilege may be enjoyed by holders of patents granted for pharmaceutical inventions and plant protection product solutions.
In addition, only for pharmaceutical products intended to treat either the pediatric population or rare diseases is possible to extend the monopoly on the use of patent protection by 6 months. In the case of pharmaceutical products, the greatest payback period for investments made in research and development is in the final years of patent protection. We know how to successfully apply for protection extension, from completing the required documentation through the SPC granting procedure to maintaining the granted right, so that our clients can reap the benefits of extended protection.
In situations where exclusive rights block the market for alternative pharmaceutical products (often generic companies), we know how to obtain a suspension of exclusivity, known as an SPC Manufacturing Waiver, so that the generic manufacturer can supply drugs to countries not covered by the SPC.
We provide assistance in all aspects of applying for or suspending an SPC. In addition, because of our extensive experience in pharmaceutical litigation, we offer assistance in proceedings to maintain or invalidate a basic patent, the status of which determines the maintenance or loss of the SPC. Trust our experience in working for the life science industry.