Dear Sir,
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?
Thank you.
Best regards,
Karen
Protection scop of SPC
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EPO / Innovation Networks
- Posts: 752
- Joined: Wed Nov 12, 2014 3:36 pm
Re: Protection scop of SPC
Dear Karen1980,
In answer to your enquiry concerning what you describe as possible infringement of a patent, we regret not to be able to advise you on this matter since the misuse/infringement of a patent in accordance with Article 64 (3) of the European Patent Convention (EPC) is an issue of national law. Since it does not lie within the competence of the EPO to assist in the economic utilization of patents the EPO is unfortunately unable to help with your enquiry.
In answer to your enquiry concerning what you describe as possible infringement of a patent, we regret not to be able to advise you on this matter since the misuse/infringement of a patent in accordance with Article 64 (3) of the European Patent Convention (EPC) is an issue of national law. Since it does not lie within the competence of the EPO to assist in the economic utilization of patents the EPO is unfortunately unable to help with your enquiry.
Kind regards,
The Innovation Networks Team
The Innovation Networks Team