Can SPC's have a zero or negative term?
Lawyers
In it's recent decision in Merck & Co.'s SPC Application the UKIPO decided that an SPC could be granted not only with a zero term, but also with a negative term. What protection can this offer?
Merck & Co indicated that they brought their application for an SPC:
"in order to reserve [their] rights to utilise the provisions of Regulation (EC) No. 1901/2006 [the "Paediatric Regulation"] especially Article 36, to apply for a six-month extension to the SPC".
This decision seems to allow the owners of pharmaceutical patents to use the Paediatric Regulation as a tool to extend their monopoly. This may be the first of many cases on this issue.
Associate Catherine Drew's commentary on this case was published in Bioscience Law Review v 9 (4) p 167. For full details of BSLR please click here
For the full text of the decision Merck & Co. Inc please click here
