Granting of supplementary protection certificates
Change of practice from the “infringement test” to “Medeva”
In response to the Federal Supreme Court decision 4A_576/2017 of 11 June 2018, the IPI is changing the practice for granting supplementary protection certificates (SPCs).
It is no longer essential that the product to be protected falls within the scope of protection of the basic patent (as in Federal Supreme Court decision 124 III 375 “Fosinopril”); instead, it is essential that the product is detailed in the patent claims in a form recognisable for a person skilled in the art. The change of practice applies retroactively from 11 June 2018 and to all pending procedures.
You can find comprehensive information on the website page change of practice for granting supplementary protection certificates.
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