Supplementary Protection Certificates
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9 August 2009
Supplementary Protection Certificates (SPC) gives the patent
owner an extra or prolonged degree of patent protection where the patent owner
has not been able to exploit their patent right fully over the duration of that
grant. The rational for this lengthened period of protection is underpinned by
the fact that in order to be granted a patent this involves a detailed
assessment not only from your solicitor or attorney but also from the examiner
to whom you are applying.
The result of this detailed assessment is that it may take many
years to obtain patent protection and those years could be spent marketing a
product which is yet to obtain patent protection. In attempting to solve this
issue the Commission issued two Council Regulations, the first was in relation
to the law that regulated SPCs for medicinal products and the other was in
relation to products that concerned plant protection.
SPC are narrower in application than that which is provided
under a patent.
When does a SPC kick-in?
The SPC will kick-in once the patent to which that SPC relates
has expired provided that patent has been sufficiently maintained during and up
until the potential term ends: Article 13 (medicinal) and Article 13 (Plant
The next article from this author will be in relation the
application of a SPC.
By Paul Bicknell assistant to Izaz Ali (email@example.com)
Izaz Ali is a commercial Solicitor Advocate who specialises in information
technology law and intellectual property law with an emphasis on IT, escrow and
buying and selling online businesses.
About the Author
Lawdit Solicitors offer services and
advice for litigation, commercial contracts, Intellectual Property and IT legal
agreements. We are experts in commercial law with a heavy emphasis on
Intellectual Property, Internet and e-commerce law. Lawdit is a member of the
International Trademark Association, the Solicitors' Association of Higher Court
Advocates and we are the appointed Solicitors to the largest webdesign
association in the world, the United Kingdom Website Designers Association.
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Article Published/Sorted/Amended on Scopulus 2009-08-13 00:33:47 in Legal Articles