#JWPBlog – When a product is a product? A few words about the supplementary protection certificate (SPC) granted to medicinal products and plant protection products

20 October 2022

The Supplementary Protection Certificate, SPC, is the possibility of obtaining additional legal protection for medicinal products and plant protection products manufactured according to the invention claimed by the basic patent and included in the first marketing authorisation. The time required to obtain all relevant marketing authorisations for a product does not allow to enjoy the monopoly for a statutory period of 20 years. The purpose of the SPC is therefore to provide the patent holder with a kind of compensation for the shortened waiting time for completing the formalities, namely the period of patent protection. The SPC does not extend the duration of the patent but provides some limited legal protection for the product protected by the basic patent upon expiry of the patent. Additional legal protection for the product may last for up to another five years.

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