About SPC and Patent expiry date

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Karen1980
Posts: 6
Joined: Wed Mar 13, 2019 4:35 am

About SPC and Patent expiry date

Post by Karen1980 » Wed Mar 13, 2019 4:51 am

Good Morning, I have one question about SPC and patent expiry date. The details is as follow.

Based on information disclosed in "INPADOC legal status", EP0720599 has two SPCs (SPC/GB03/023 and SPC/GB05/010). The expiry dates are 2017/10/and 2019/4/1, respectively.My question is what on earth the expiration date of this patent is?

I look forword to your reply. Thank you!

Best regards.

Karen


EPO / OPS Support
Posts: 980
Joined: Thu Feb 22, 2007 5:32 pm

Re: About SPC and Patent expiry date

Post by EPO / OPS Support » Wed Mar 13, 2019 8:19 am

Hi

Please read descriptions of events, you will see that different active ingredients were extended for different amounts of time. This is normal for SPC. We add SPC numbers so that users can go and read in full what exactly was protected under specific SPC request, when and for how long.

Also, please be aware that SPC status of SPC in UK can be different after Brexit. For knowing exact duration of protection in UK and regulations that will apply after Brexit please contact UK office directly.

Regards,
Vesna for OPS (Patent Data)


Karen1980
Posts: 6
Joined: Wed Mar 13, 2019 4:35 am

Re: About SPC and Patent expiry date

Post by Karen1980 » Wed Mar 13, 2019 8:33 am

Thank you for your reply.
I have further question. If one patent can cover compound A and B. Based on the regulatory approval of compound A, this patent get patent term extension. After the original patent term expires, during the extended patent term, do manufacture or sales actions with regard to compound B infringe this patent?


Karen1980
Posts: 6
Joined: Wed Mar 13, 2019 4:35 am

Re: About SPC and Patent expiry date

Post by Karen1980 » Wed Mar 13, 2019 8:52 am

Sorry, I have another questions about SPC of EP0720599.
On INPADOC legal staus, for peditric extension, extension date sometimes refers to the expiry date, but sometimes it doesn’t.
For example, please see the part of "the event date is 2015/07/09", the extension date is 20171016. But according to the information disclosed by UK, the expiry date is 2018/4/16.
Whereas, in the part of "the event date is 2015/09/02", the extension date is the expiry date according to NL website.
Up to now, I only know how to search the expiry date of NL, BE, GB, CH, so I can confirm their expiry date on national website. For the other country, how can I confirm the expiration date?

Thanks a lot.


EPO / OPS Support
Posts: 980
Joined: Thu Feb 22, 2007 5:32 pm

Re: About SPC and Patent expiry date

Post by EPO / OPS Support » Thu Mar 14, 2019 10:29 am

Hi,

Please note that we load data as we get it from respective patent offices and we don't have much influence on how certain events are presented.

Also, please be aware that INPADOC legal status database is information only, it is no substitute for official patent register and in order for you to determent exact expiry date of each patent or SPC you have to check every single national register separately. INPADOC is only giving an overview of events taking place at some point in time. INPADOC is also limited in coverage, we don’t have all SPC coverage of all national collections.

We can also not comment on any legal aspects of information you find in legal events, especially such on a national level. For that you have to contact respective office or a patent lawyer.

Regards,
Vesna for OPS support


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