Calculation of the duration of a SPC

A New interpretation of Regulation (EC) No 469/2009 — Article 13(1)

The European Court of Justice rendered a decision on the 6.10.2015 in Case C‑471/14, Seattle Genetics Inc. v Österreichisches Patentamt,

The Court ruled that Article 13(1) of Regulation No 469/2009 is to be interpreted as meaning that the ‘date of the first authorisation to place the product on the market in the [European Union]’ within the meaning of that provision is the date on which notification of the decision granting marketing authorisation was given to the addressee of the decision.

In particular it is thus not the date of the decision that must be taken into consideration but the date this decision was notified to the applicant.

Click here for the full decision.

A lot of SPCs need to have their duration recalculated.

Pierre KIHN