Espacenet is a database maintained by the European Patent Office that contains information on patents of many countries. The data is provided by each of these countries. Information on Latvia's patents is also included in this database.
Supplementary Protection Certificates (SPC)
Calculation of the term of supplementary protection certificates following the decision of the CJEU in case C-471/14 (Seattle Genetics)
On the 6th of October 2015, the EU Court of Justice (CJEU) took decision in case C-471/14 about the date of marketing authorisation used in calculation of duration of the SPC under A. 13.1 of the Regulation 469/2009.
The Court decided that the “date of the first authorisation to place the product on the market in the [EU]” is the date on which notification of the decision granting marketing authorisation was given to the addressee of the decision (notification date) since this is the date from which the recipient of a supplementary protection certificate is in fact able to enjoy the benefit of his marketing authorisation by marketing his product – “effective date” of the authorisation.
Following this decision the Patent Office of the Republic of Latvia changes its practice as follows:
1. for new and pending SPC applications proof of the date of notification of the marketing authorisation granted by European Medicines Agency (EMA) (centralised MA) will be requested unless such proof is already submitted;
2. for already granted SPCs recalculation of duration of the SPC will be done according to S. 88.2 of the Administrative Procedure Law upon request of the owner of the SPC supplemented by proof of the date of notification of such MA unless such request is already submitted;
3. for the purpose of filing a SPC application under A. 7.1 of the Regulation 469/2009 the “date on which the authorisation referred to in Article 3(b) to place the product on the market” is also the date on which the authorisation is notified;
4. with respect to marketing authorisations issued by national medicines authorities the term of the SPC will be calculated on the basis of the date when the marketing authorisation first came into force (either the granting date or the date of notification) upon filing the proof of such date.
“/z” in a number of SPC indicates medicinal SPC,
“/a” indicates SPC for a plant protection product,
“MA” means marketing authorisation (centralised or national).
“SPC expiry date” includes also the term of pediatric extension where appropriate.
Changes made after the grant of SPC are not reflected.
- Information about granted patent term extensions analogous to SPC (granted before 01.05.2004 under Latvian Patent Law of 1995)
Patent expiry term includes also the term of pediatric extension where appropriate.
Changes made after the grant of patent extension are not reflected.