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No SPCs In The UK For New Therapeutic Uses As Appeal Court Aligns With EU Ruling

 
• By Neena Brizmohun

While the UK Court of Appeal’s decision in Merck Serono v Comptroller-General will be unwelcome by innovators, it provides much-needed certainty for companies seeking – or seeking to invalidate – supplementary protection certificates based on marketing authorizations for new uses of known active ingredients.

Royal Court, London UK
The Court of Appeal has handed down its ruling in Merck Serono v Comptroller-General (Shutterstock)
Key Takeaways
  • The Court of Appeal in England and Wales has handed down its ruling in Merck Serono v Comptroller-General of Patents, confirming that despite Brexit, SPCs remain unavailable in the UK for new uses of known active ingredients.
  • The court said it could not diverge from the Court of Justice of the EU's landmark decision in Santen, because following Brexit, it had already reaffirmed that decision in Newron Pharmaceuticals v Comptroller-General of Patents.
  • It also said that even if it could diverge from Santen, it was not persuaded to do so.
  • The UK ruling discusses the circumstances under which the court can depart from pre-Brexit decisions of the CJEU.

A significant new court ruling confirming that UK supplementary protection certificates are still not available for second medical use claims will be disappointing news for innovators, but it has helped...

The 28 January decision, by the Court of Appeal in England and Wales, confirmed that despite Brexit, SPCs remain unavailable in the UK for new uses of known active ingredients,...

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