Originators of medicinal products can in effect extend their period of patent protection, providing certain conditions are met, by the Supplementary Protection Certificate ("SPC") scheme which was introduced by Regulation EEC/1768/92 and now replaced by a codified version EC/469/2009 ("the SPC Regulation"). This is to make up for the time taken to develop a medicinal product and obtain regulatory approval which in effect eats into the patent term. One of the features of the SPC is that, like the patent on which it is based, it is national; an SPC has to be applied for in each EU Member State.
展开▼
