Supplementary Protection Certificates – January 2012

Three recent decisions of the Court of Justice of the European Union (C-322/10 against Medeva BV Comptroller General of Patents, Designs and Trade Marks; C-422/10 Georgetown University, University of Rochester, Loyola University of Chicago against Comptroller General of Patents, Designs and Trade Marks and C-518/10 Yeda Research and Development Company Ltd. and Aventis Holdings Inc. against Comptroller General of Patents, Designs and Trade Marks) have clarified the concept of “product protected by a basic patent “in Article 3a of Regulation (EC) 469/2009, particularly when there is no agreement between the product described in the MA and the product protected by patent. Thus if it is not possible to issue a SPC whose protection is more active when they are not all claimed in the patent, the Court recognized that a CCP can be tuned to a combination of active ingredients to provided that such composition is claimed in the patent even if the WMA are more active than those specified in this composition, but on condition that this composition there.
The full decision is available on:

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