< Back

February 2018

Over the years, references from the European member state courts to the CJEU on matters of interpretation of the SPC Regulation 469 / 2009 tend to go in fits and starts. There was such a period in which numerous references were made to the CJEU at the beginning of 2017, and then again as the year ended.

The purpose of this two part article is to round-up what the questions being referred are, and why. Most of these concern two things: exactly what products can be protected by an SPC; and how exactly they must be specified in the underlying 'basic patent in force'. Many of the current referrals to the CJEU stem from earlier rulings which have been less than clarifying. At least in part as a result, differences of approach to the SPC Regulation, and the rulings of the CJEU, are still occurring in the national courts.

This, Part 2, considers how a product must be identified by a basic patent in force, under Article 3(a), in order for an SPC to be permitted.

Read the full article.

If you have any questions on this article or would like to propose a subject to be addressed by Synapse please contact us.

Regulatory

Privacy & Cookie Policy

Terms of Use

© 2020 Taylor Wessing LLP