UKIPO issues guide to SPCs
29th October 2009
As many readers will be aware, it is possible in certain circumstances for the protection afforded in Europe to patented medical and plant protection products to be extended by the grant of a Supplementary Protection Certificate (SPC). An SPC is designed to compensate the patentee for delays in marketing due to the need to obtain regulatory approval for such products. Depending on the period between the date of application for a patent and the date of the first marketing authorisation within the European Economic Area (which comprises the EU plus a few other countries), an SPC with a term of up to five years may be granted.
The UKIPO has recently issued a guide to the SPC system which those interested in this form of protection may find useful. Click here for a downloadable copy of the SPC system guide.
29 October 2009
Stay of proceedings at UK courts - Coloplast A/S v Salts Healthcare Limited
24th February 2020
Although a stay of national proceedings is the ‘default’ position in the UK, the stay was refused in this instance because of the combination of an absolute right of appeal, a minimum of two years to appeal and the potential of the ping pong effect before the EPO.