Posted: June 21st, 2019
“In order to determine whether an SPC may be granted, it is necessary to apply Article 3(c) of Regulation No 469/2009 and Article 3(2) of Regulation No 1610/96. However, the interpretation of those provisions in a case such as the present appears unclear, particularly in view of the fact that the application of the provisions, in the understanding of the Patent- och marknadsöverdomstolen (Patent and Market Court of Appeal), has, in practice, been intended to stimulate research into new therapeutic uses of products already known.
“The Patent- och marknadsöverdomstolen therefore requests a reply to the following question.
“[…] In view of the fundamental purpose which the supplementary protection certificate for medicinal products is intended to fulfil, namely that of stimulating pharmaceutical research in the European Union, does Article 3(c) of Regulation No 469/2009, having regard to Article 3(2) of Regulation No 1610/96, preclude an applicant who has previously been granted a supplementary protection certificate in respect of a product protected by a basic patent in force in respect of the product per se, from being granted a supplementary protection certificate for a new use of the product in a case such as that at issue in the main proceedings in which the new use constitutes a new therapeutic indication which is specifically protected by a new basic patent?”
More information can be found here.