SPCs: protection of active ingredients, new and old

Presented by

Joel Beevers (Potter Clarkson), Michael Pears (Potter Clarkson), Stephanie Pilkington (Potter Clarkson), Tom Phillips (LSIPR)

About this talk

Joel Beevers, Michael Pears and Stephanie Pilkington of Potter Clarkson will explore the practical impact of recent CJEU case law in Royalty Pharma (C-650/17) and Teva v Gilead (C-121/17) on what constitutes ‘protection’ of active ingredients by the basic patent in the context of supplementary protection certificates (SPCs); how patent specifications can be optimised for this purpose; and how it can influence patent filing strategies. They also consider the current state of play for obtaining SPCs for previously authorised active ingredients in view of the recent CJEU judgments in Abraxis (C-443/17) and Santen (C-673/18), and what options remain open to maximise exclusivity.

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