Protection scop of SPC

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Joined: Wed Mar 13, 2019 4:35 am

Protection scop of SPC

Post by Karen1980 » Thu Mar 14, 2019 7:14 am

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,

EPO / Patent Information
Posts: 611
Joined: Wed Nov 12, 2014 3:36 pm

Re: Protection scop of SPC

Post by EPO / Patent Information » Wed Oct 16, 2019 10:02 am

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.
Kind regards,

The Patent Information User Support Team

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