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ARTICLE · 26 MAY 2023

The European Commission Proposes New EU Patent Rules

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In a recently published draft, the European Commission (EU Commission) has proposed the introduction of a unitary SPC, new regulations for Standard Essential Patents (SEP) and a new instrument for

DenmarkIntellectual Property
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In a recently published draft, the European Commission (EU Commission) has proposed the introduction of a unitary SPC, new regulations for Standard Essential Patents (SEP) and a new instrument for compulsory licensing of patents in crisis situations in the EU.

To complement the Unitary Patent system the EU Commission has proposed a unitary SPC for medicinal products and plant protection products. A SPC provides up to five years extension of a patent but is currently only available on a national basis, which still will be the case when the Unified Patent Court enters into force on 1 June 2023 and until the proposal has been approved by the European Parliament and the European Council. The proposal is seen as a way to make it more attractive to the pharmaceutical industries to apply for Unitary Patents (or European Patents with unitary effect). The new regulation will be administered by the European Union Intellectual Property Office (EUIPO).

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