Unitary SPCs Get The Green Light

As part of a sweeping package of proposals concerning Standard Essential Patents, Compulsory Licensing and Supplementary Protection Certificates (SPCs) announced on 27 April 2023, the European Commission has moved one step closer to the creation of a new unitary SPC system. The proposals include a centralised SPC application process to complement the new unitary patent and UPC system (which come into force on 1 June 2023), whereby a single application could result in the grant of a unitary SPC (covering those 17 Member States currently participating in the unitary patent system) and of national SPCs in further Member States.

It has been just over a year since the European Commission announced a consultation on a new unitary SPC system (see my previous article "Is there a future for unitary SPCs?"). The options considered at that time included both non-legislative and legislative options. With this announcement, it appears that the European Commission have favoured