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ARTICLE · 13 APRIL 2009

Changed Danish Attitude Towards The Grant Of SPC

Plougmann & Vingtoft
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In case your company has received a refusal for an application for an SPC certificate (supplementary protection certificate for pharmaceuticals) from the Danish Patent and Trademark Office (DKPTO), there is now good reason to consider whether the deadline for appeal has passed.

DenmarkIntellectual Property
European Patent Attorney, Jakob Poulsen
European Patent Attorney, Jakob Poulsen

In case your company has received a refusal for an application for an SPC certificate (supplementary protection certificate for pharmaceuticals) from the Danish Patent and Trademark Office (DKPTO), there is now good reason to consider whether the deadline for appeal has passed.

A number of recent Office Actions from DK PTO indicates a change of practice. A practice that is aligned with decisions from other European authorities.

Earlier, the DK PTO refused applications for certificates based on patents which related to pharmaceutical formulations. But recent Office Actions indicates that the DK PTO no longer regard it for problematic that a patent, which concerns a pharmaceutical formulation, may be the subject of a certificate.

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