European Update on SPC’s
There have been a lot of developments in the interpretation of the legislation around SPCs. As for the 'protected by the basic patent' requirement, many uncertainties, in particular for SPC cases wherein the product is a non-disclosed species of the claimed genus, which are extremely difficult to oversee for those not frequently involved in SPC practice. There seems to be a general consensus that clarification from future cases, either with national courts or with the Court of Justice, is much needed.
In this article, Jaap Mannaerts and Mari Korsten, Partners at NLO examine in detail product disclosure and identification as well as Royalty Pharma rulings in relation to product combination SPC's.
Download the report below.