< Back to latest news & events

UPC

SPCs and Unitary Patents

December 2015

Currently, Supplementary Protection Certificates (SPCs) can be obtained on the basis of granted European patents. But there is a question mark over the possibility of obtaining unitary SPCs on the basis of granted European Unitary Patents.

There is no legislation that covers the possibility of a “unitary” SPC. Even though an EU wide Marketing Authorisation is possible, there is no centralised system that would allow for a “unitary” SPC. Although individual national SPC applications could be made on the basis of the granted UP, industry are still seeking certainty of how this would work in practice.

ECPA, efpia & IFAH have made a joint industry proposal for a unitary SPC to the European Commission, recognising “the importance and value of SPCs” and to show they “support the concept of unitary SPCs being granted on the basis of European Patents with unitary effect”. The proposal is that unitary SPCs on the basis of European unitary patents would be granted by a virtual body composed of SPC experts from national patent offices.

Given the rate at which progress is being made on other areas of legislation and infrastructure surrounding the unitary patent and unified patent court, the situation regarding SPCs will need to be addressed as soon as possible.

Latest updates

The EPO Board of Appeal comments on the scope of the morality exclusion from patentability

The recent decision, T1553/22 of the Board of Appeal required the Board to consider the scope of the exclusions from patentability under Article 53(a) EPC. The invention in this case …

Read article

HGF ranked in The Legal 500 Germany 2025

HGF is proud to be ranked in The Legal 500 Germany 2025 guide. The Legal 500 provides the most comprehensive worldwide coverage on recommended Law firms, Lawyers, Attorneys, Advocates, Solicitors, …

Read article

T 1847/22: Procedural considerations in appeal: Re-ordering of requests and the impact on admissibility

Background This case concerned EP 3 085 344 B1, which relates to a wound pad, a self-adhesive member comprising a wound pad. The patent was opposed by two opponents. During …

Read article

Regulation of NGT plants in Europe- Polish Presidency proposes an alternative solution to the Patent ban

In the latest development on the new proposed legislation for the regulation of NGT (gene-edited) plants in the EU, the Polish Presidency have proposed an amendment which removes the proposed …

Read article
Event - 18th March 2025

Salzburg Seminar: Pitfalls in trade mark practice - What can be protected as a trade mark?

The registration of trade marks is a central component of trade mark protection – but which signs can actually be protected? In recent years, the national trade mark offices and …

Event details

Can the Chancellor’s so-called “Europe’s Silicon Valley” really replicate the innovative activity of its namesake?

The Chancellor of the UK, Rachel Reeves, recently unveiled plans to deliver an Oxford-Cambridge growth corridor that promises to boost the UK economy by up to £78 billion by 2035.  …

Read article

UPC’s CFI (Milan) extends deadline to file defence to infringement claim to align with parallel EPO appeal proceedings

Dainese S.p.A. v. Alpinestars S.p.A. & ors. UPC_CFI_472/2024 – Milan Local Division (Perrotti, Zana, Klein, Ashley) – 15 January 2025 The Milan Local Division granted a defendant’s request for an …

Read article