The one SPC, per product, per patent rule triumphs in the EU

摘要

The Court of Justice of the European Union has at last cleared up the confusion it created in 2011 over supplementary protection certificates (SPCs) and whether the SPC Regulation precludes the grant of multiple SPCs in instances where one basic patent covers multiple products.On 12 December 2013, the CJEU ruled in Georgetown University v Octrooicentrum Nederland (C-617/12) that the SPC Regulation does not preclude the grant of an SPC for each product, where multiple products are protected under the same basic patent in force.