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    SPC - Supplementary Protection Certificate

    For patents on pharmaceuticals and plant protection agents, extension of the protection period may be obtained for an additional period of up to 5 years through application for a supplementary protection certificate.

    This possibility is by nature a compensation for the vast amounts of resources that are invested in research, development and clinical trials which, in effect, means that any remaining period of patent protection following launch of the final product would not allow the manufacturer to recover the costs involved.

    SPCs are not as such extensions of the granted patent as a whole but are associated with a particular product covered by the patent. In order to obtain SPC protection, you need not only a valid patent right but also a valid market authorization.

    Certain jurisdictions - including Denmark - have provided a further possibility for paediatric extension of SPCs for pharmaceuticals. This additional extension is for a further 6 months.

    You are welcome to contact us for a discussion of whether SPC protection may be of relevance to you.