Supplementary Protection Certificates
A supplementary protection certificate (SPC) is a special form of intellectual property (IP) that extends the protection of a patented active ingredient or combination of active ingredients present in a pharmaceutical or plant protection product after the expiry of the patent.
A pharmaceutical or plant protection product must obtain:
- regulatory approval
- a marketing authorization
- or product licence before it can be sold in the United Kingdom (UK).
If your patent protects the active ingredients used in these products, this requirement can delay you using the patent. An SPC compensates for the delay.
An SPC will not extend the term of your patent, but gives similar protection. It protects the specific pharmaceutical or plant protection product authorized, and any use of the active ingredient in an authorized pharmaceutical or plant protection product whilst the SPC is in force and which is protected by the patent. It enters into force when your patent expires.
An SPC does not give protection abroad; it is only effective in the UK.
Do you meet SPC requirements?
You must have a patent that is in force in the UK and protects the active ingredient.
Apply for an SPC
Ask us to examine your SPC application to see if you can obtain a certificate.
What happens next?
We examine your application to check it meets SPC requirements.
If your application meets the requirements we grant your application, advertise that we have granted it and tell you how long your protection will last. It can last for up to 5 years from when your patent expires.
If we find any problems with your application, we will tell you and give you chance to respond.
There is no time limit for granting or rejecting a SPC application.
