Rectifying the term of SPCs for medicinal products

Finnish Patent Office has recently published two announcements, one in January and one in April 2018, with regard to relevant dates for the term of supplementary protection certificates (SPCs).

According to a judgement of the Court of Justice of the European Union given on 20 December 2017 in case C-492/16 (Incyte Corporation), the authority that has granted a SPC must rectify the term of valid SPCs at the request of the holder. The Finnish Patent Office has individually contacted by a letter all SPC holders in position to make such a request. Since January, many of the requests have already been processed and requestors informed accordingly.

The rectification possibility applies to SPCs granted on the grounds of both a centralized marketing authorization and a national marketing authorisation. The date of the relevant marketing authorisation is set to be the date on which notification was given of the marketing authorisation decision (case C-471/14 (Seattle Genetics)).

In their announcements, the Finnish Patent Office further gave some practical advice to the requestors on the information and enclosures needed.

Link to announcements: https://www.prh.fi/en/asiakastiedotteet/2018/P_15049.html