SPC applications – calculation of duration

03/12/2015

On October 6 2015, the CJEU decided that Art. 13(1) in the SPC Regulation No. 469/2009 (comparable to Art. 13(1) in the SPC Regulation No. 1768/1992) is to be interpreted as meaning that the date of the first authorization to place the product on the market is the date on which notification of the decision granting marketing authorization was given to the addressee of the decision.

The Icelandic Patent Office will examine pending applications in accordance with the CJEU decision. Article 24 in the Administrative Procedure Act No. 37/1993 allows review of decisions made by the Icelandic Patent Office. Should holders of issued certificates request such a review, the office will re-examine the calculation of duration. The Act does not state a certain time limit for such requests, but all requests have to be sufficiently substantiated. The Icelandic Patent Office will decide whether or not to change the duration. Decisions concerning rejection of such requests can be appealed to the Board of Appeal for Industrial Property Rights. 

The CJEU decision in case C-471/14 Seattle Genetics can be accessed here.