French Intellectual Property Office Extends Granted SPC Expiration Date

In Short

The Situation: The French Intellectual Property Office ("IPO") previously refused to adjust the expiration date of a granted supplementary protection certificate ("SPCs") when it had been calculated on the date of grant of the marketing authorization ("MA"), not on the date of notification of the MA, as decided by the CJEU Seattle Genetics decision.

The Result: The French IPO has changed its stance and now extends the expiration date of granted SPCs, in compliance with the CJEU decisions in Seattle Genetics and Incyte Corporation.

Looking Ahead: French SPC owners are able to file requests before the French IPO to alter the expiration date of granted SPCs.

SPCs take effect at the end of the term of the basic patent for a period equal to the period between the date on which the application for a basic patent was lodged and the date of the first authorization to place the product on the market in the Community, reduced by a period of five years.