2012-02-08

PRV will not change their practice after the Medeva judgment (C-322/10)

The Swedish Patent and Registration Office (PRV) will not change their practice after the Medeva judgment (C-322/10)

PRV announced today, after receiving several questions regarding this issue, that they will not change their practice regarding the amount of supplementary protection certificates (SPCs) that can be obtained from one basic patent. This announcement is mainly in light of the recent Medeva judgment which was published late 2011. In the Medeva judgment the SPC issue was mentioned providing a reference to an earlier judgment and thereby providing an opening for the interpretation that only one SPC per basic patent could be obtained. However, the judgment does not concern this issue, and PRV sees no reason to change their practice which allows for more than one SPC per basic patent in view of the Medeva case. For further information regarding this issue, please see (currently available in Swedish only): www.prv.se

// Camilla Lidén