A Therapy For European Patent Term Extensions

Law360, New York (August 21, 2012, 1:13 PM EDT) -- On July 19, 2012, the Court of Justice of the European Union (CJEU) issued its long-awaited decision in case C-130/11 Neurim Pharmaceuticals (1991) Ltd v. Comptroller-General of Patents.

In its ruling, the CJEU significantly liberalized the current practice for granting supplementary protection certificates ("SPCs"), reducing the limitations imposed on the grant or duration of SPCs by earlier marketing authorizations ("MAs") for the same active pharmaceutical ingredient ("API").

Issue

The requirements for the grant of an SPC and for the computation of its duration are laid down...
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