2024-12-19:
In a decision (PMÄ 7804-24) dated November 11, 2024, the Swedish Patent and Market Court (PMD) states that Article 13 in the Regulation of supplementary protection certificates means that the duration of a certificate shall reflect the time between the filing date of the patent application, including the filing date, and the date of the marketing approval of the product.
The calculation method expressed by PMD generates one extra day of protection compared to the previous calculation method applied by the Swedish Intellectual Property Office (PRV), provided, however, that the duration will not exceed the maximum of 5 years. According to a notice which was published on PRV’s official webpage on December 17, 2024, PRV will apply the new calculation method for all pending applications for a supplementary protection certificate. A holder of an already granted SPC having a term of less than the maximum of 5 years can request for correction of the duration with the PRV.
While the decision relates to the Regulation concerning the supplementary protection certificate for medicinal products, the modified way of calculating the duration will also be applied to a supplementary protection certificate for a plant protection product.
If you have any questions regarding this matter, please do not hesitate to reach out to us at Brann.