Patent decision

BL number
Concerning rights in
Hearing Officer
Mr A C Howard
Decision date
14 April 2008
Person(s) or Company(s) involved
Merck & Co., Inc
Provisions discussed
Council Regulation (EEC) No. 1768/92, Article 13
Supplementary Protection Certificates
Related Decisions


An SPC was sought for a product that was authorized in the period between 4 years and 6 months and 5 years after the filing date of the basic patent, as such having regard to Article 13(1) the resulting SPC would have no term. The application was made in the hope that compliance with the requirements of the paediatric regulation (EC) No. 1901/2006 may at some later date extend the SPC to give it a positive term. It was decided that an SPC must be granted in accordance with Article 10.

Full decision O/108/08 PDF document32Kb