ARTICLE
13 April 2009

Changed Danish Attitude Towards The Grant Of SPC

In case your company has received a refusal for an application for an SPC certificate (supplementary protection certificate for pharmaceuticals) from the Danish Patent and Trademark Office (DKPTO), there is now good reason to consider whether the deadline for appeal has passed.
Denmark Intellectual Property
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In case your company has received a refusal for an application for an SPC certificate (supplementary protection certificate for pharmaceuticals) from the Danish Patent and Trademark Office (DKPTO), there is now good reason to consider whether the deadline for appeal has passed.

A number of recent Office Actions from DK PTO indicates a change of practice. A practice that is aligned with decisions from other European authorities.

Earlier, the DK PTO refused applications for certificates based on patents which related to pharmaceutical formulations. But recent Office Actions indicates that the DK PTO no longer regard it for problematic that a patent, which concerns a pharmaceutical formulation, may be the subject of a certificate.

DKPTO still requires that the certificate is granted based on the first marketing authorisation for one or more active ingredients, and that no prior certificate has been granted. In certain cases it may be accepted that the effect of the medicinal product is due to a combination of the ingredients in the medicinal product. The decision to grant is thus based on case-by-case evaluation.

The increased European harmonisation within the SPC-area can also provide good reason for reconsidering your company's SPC strategy. Since SPC normally protects a marketed product, the optimisation of the SPC strategy can thus provide cost effective protection.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
13 April 2009

Changed Danish Attitude Towards The Grant Of SPC

Denmark Intellectual Property
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