What are SPCs?
Supplementary Protection Certificates (or SPCs) are a
complementary intellectual property right to patents that provide
additional years of protection for products that are subject to
regulatory approval. Importantly, SPCs do not extend the term of a
patent as they are a separate right, but they may be considered a
mechanism for a type of patent term extension (PTE). Perhaps the
most obvious example of the value provided by SPCs is seen for
pharmaceutical products, where they must complete clinical trials
before they can be commercially exploited.
Patents can take a long time to grant, typically reaching grant
around 4 years from filing. In rare cases it can take longer than
this, but this pales in comparison to clinical trials where, as is
well-documented, the process to obtain the necessary marketing
authorisation and subsequent regulatory approval can take up to a
decade, and beyond! Gaining even a year or two of extra protection
for a product
