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EU: No SPCs For New Uses OF Existing Drugs

Ruling Reverses Court’s 2012 Decision

 
• By Ian Schofield

A judgment by the Court of Justice of the EU is bad news for innovators seeking supplementary protection certificates to protect new indications for their products, but it could offer new opportunities for generic firms.  

Patented
SPCs prolong the effective life of patents on medicines • Source: Shutterstock

New therapeutic indications of a previously authorized medicine are not eligible for their own supplementary protection certificate (SPC) in the EU. That is the blunt message of a major ruling last week by the Court of Justice of the EU in a case that pitted the ophthalmology company Santen against the French industrial property office (INPI).

The

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