PA 128B - SPCs; PR 42

Question 1

What does S128B concern

Answer 1

SPC’s

Question 2

What does S128B do

Answer 2

S138B
(1)
The section incorporates Schedule 4A into the PA, which provides supplementary protection certificates under two different European regulations

Question 3

What are SPC’s

Answer 3

not extension of patents but a separate right that provides similar protection for inventions that are subject to regulatory approval that may take an appreciable proportion of the patent’s life to complete

Question 4

What do SPC’s extend to

Answer 4

only the embodiment of the invention for which regulatory approval is obtained

Question 5

What two types of SPCs are therw

Answer 5

One for medicines and one for plant protection products, provisions for both are similar

Question 6

How can SPCs be applied for

Answer 6

apply for certificate within 6 months of receiving valid authorisation to put it on the market, if the product is protected by a patent in force. (or within 6 months of grant if it is later). Pay the application fee and a cumulative renewal fee in advance for the whole duration (same 6M grace period as patents)

Question 7

What is the duration of an SPC

Answer 7

Maximum term is 5 years (with 6m extension in some circumstances)

Term is lesser of five years and the period between the date of “lodging” the patent application and the date of product authorisation, minus five years

Question 8

What happens if an SPC is not granted until after the patent term has expired

Answer 8

intervening rights are possible