Journal of Intellectual Property Rights

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Comparative Quantitative Analysis of Supplementary Protection Certificates (SPCs) in Europe


Affiliations
1 Intellectual Property Management Group, Lupin Limited, Lupin Research Park, Pune-411042, Maharashtra, India
2 Department of Pharmacy Management, Manipal College of Pharmaceutical Sciences, Manipal University, Manipal-576104, Karnataka, India
 

This article is an attempt to quantify and compare number of SPCs granted, filed and invalidated in five important European Countries UK, France, Germany, Italy and Spain. The data is collected for those patents having expiry in between 1 January 1995 till 31 December 2025. The article further focuses on recent case laws evolved in Europe and its impact on SPC filings. The analysis reveals that patentees are inclined to file more SPCs on product patents as lesser percentage of SPCs for product patent got invalidated. There is a decline in SPCs for patents on combination product. In contrast patents on composition seems to drive highest number of SPC applications as patent holders are trying to extend the life cycle of the product through follow on products, improved articles. It will be interesting to see how the trend of SPC filing will change in future after rise of Unitary Patents.

Keywords

Medeva, Actavis, SPC, Combination Patent, Sanofi, Lilly, CJEU, Carrier Protein, Markush Claims.
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  • Comparative Quantitative Analysis of Supplementary Protection Certificates (SPCs) in Europe

Abstract Views: 322  |  PDF Views: 131

Authors

Omkar Umesh Joshi
Intellectual Property Management Group, Lupin Limited, Lupin Research Park, Pune-411042, Maharashtra, India
Archna Roy
Intellectual Property Management Group, Lupin Limited, Lupin Research Park, Pune-411042, Maharashtra, India
Manthan Janodia
Department of Pharmacy Management, Manipal College of Pharmaceutical Sciences, Manipal University, Manipal-576104, Karnataka, India

Abstract


This article is an attempt to quantify and compare number of SPCs granted, filed and invalidated in five important European Countries UK, France, Germany, Italy and Spain. The data is collected for those patents having expiry in between 1 January 1995 till 31 December 2025. The article further focuses on recent case laws evolved in Europe and its impact on SPC filings. The analysis reveals that patentees are inclined to file more SPCs on product patents as lesser percentage of SPCs for product patent got invalidated. There is a decline in SPCs for patents on combination product. In contrast patents on composition seems to drive highest number of SPC applications as patent holders are trying to extend the life cycle of the product through follow on products, improved articles. It will be interesting to see how the trend of SPC filing will change in future after rise of Unitary Patents.

Keywords


Medeva, Actavis, SPC, Combination Patent, Sanofi, Lilly, CJEU, Carrier Protein, Markush Claims.