Posted: November 20th, 2013
Can you get more than one SPC per patent? The Advocate General declines to opine, by Matthew Royle, Taylor Wessing
The Advocate General's opinion in Georgetown University (C-484/12) was released on 14 November. It fails to recommend whether or not more than one SPC can be granted based on the same patent. However, on the basis that only one SPC is allowed per patent, the Advocate General recommended that the patentee be able to surrender earlier SPCs in order to have a different one granted, although such surrender will not have a retrospective effect.
Read the entire contribution here.