Parsing Patent Term Extension In Europe

Law360, New York (July 27, 2011, 1:42 PM EDT) -- On July 13, 2011, Advocate General Verica Trstenjak delivered her opinion in the joined cases C 322/10 and C 422/10 before the European Union Court of Justice. Both cases regard the requirements for grant of a supplementary protection certificate for partially patented combination pharmaceuticals. If adopted by the court, the landscape of patent term extension in Europe will be drastically altered.

In Europe, patent term extension for pharmaceuticals is regulated on the European level in Directive 469/09/EC (the “SPC directive”). Pursuant to this directive, supplementary protection...
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