Supplementary Protection Certificates
We have a team with great expertise in Supplementary Protection Certificates (SPCs) for pharmaceutical products and agrochemicals, as well as paediatric extensions, since we are one of the firms filing and prosecuting more of these applications in Spain. So far, we have directly handled the prosecution of more than 150 SPC applications at the Spanish Patent & Trademark Office. We have also coordinated the filing and prosecution of several SPC families on other European countries.
Over the years we have acquired a lot of experience dealing with all sort of objections arising from the SPC prosecution practice before the Spanish Patent and Trademark Office.
Our steady activity in SPCs filing and prosecution and our regular involvement in SPC-related proceedings before the Spanish Courts and before the European Court of Justice makes us familiar with the case law relating to SPCs which is highly complex and rapidly evolving (such as Neurim, regarding SPC’s which are not based on the first marketing authorization, or decisions in Lilly, Medeva and recent case Truvada in relation to the interpretation of whether a product is protected by a basic patent, for instance). We have also been involved in the coordination in Europe of the defense before the European Court Of Justice of an SPC for one of our clients (neurim case).