Following the recent Genzyme Corporation decision (our commentary on which can be found at http://www.wpt.co.uk/resources/news/the-ukipo-decides-on-the-correct-term-of-an-spc/), the UKIPO has recently issued a practice note confirming the correct term of an SPC.
As outlined in the decision, it is the date of notification of a marketing authorisation granted by the European Commission that is the relevant date when calculating the term of an SPC. This date is later than the date of the decision itself and so the term of a number of SPCs will now be increased. It is likely that most SPCs affected will have their term increased by a few days, but it has been suggested that the increase in some cases may be in excess of two weeks.
In order to obtain the increase in term for both pending and granted SPCs, one most write to the Comptroller with the SPC number and the relevant entry in the OJEU which shows the date of notification. The UKIPO will then take action accordingly.
However, it is important to remember that this practice note has been isssued by the UKIPO and so other jurisdictions may not follow this procedure. The later date should therefore not be relied upon at other national patent offices.
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