Three ECJ Judgments Clarify Conditions For Obtaining SPC

On 12 December 2013, the Court of Justice of the European Union (the "ECJ") handed down three judgments in separate cases relating to supplementary protection certificates ("SPCs"). The judgments offer further clarification on which medicinal products and patents qualify for supplementary patent protection.

Under Regulation (EC) No 469/2009 of 6 May 2009 concerning the supplementary protection certificate for medicinal products (the "SPC Regulation"), SPCs are granted for medicinal products for which the period that elapses between the filing of an application for a patent for a new medicinal product and the authorisation to place the medicinal product on the market makes the period of effective protection under the patent insufficient to cover the investment put into the research of the product. Article 13 of the SPC Regulation allows for a single extension of the period of exclusivity granted by the patent by a maximum period of five years. However, the subject