Comparative quantitative analysis of supplementary protection certificates (SPCs) in Europe

Omkar Umesh Joshi, Archna Roy, Manthan Janodia

Research output: Contribution to journalArticle

Abstract

This article is an attempt to quantify and compare number of SPCs granted, filed and invalidated in five important European Countries UK, France, Germany, Italy and Spain. The data is collected for those patents having expiry in between 1 January 1995 till 31 December 2025. The article further focuses on recent case laws evolved in Europe and its impact on SPC filings. The analysis reveals that patentees are inclined to file more SPCs on product patents as lesser percentage of SPCs for product patent got invalidated. There is a decline in SPCs for patents on combination product. In contrast patents on composition seems to drive highest number of SPC applications as patent holders are trying to extend the life cycle of the product through follow on products, improved articles. It will be interesting to see how the trend of SPC filing will change in future after rise of Unitary Patents.

Original languageEnglish
Pages (from-to)16-22
Number of pages7
JournalJournal of Intellectual Property Rights
Volume22
Issue number1
Publication statusPublished - 01-01-2017

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All Science Journal Classification (ASJC) codes

  • Law

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