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Protection scop of SPC

Posted: Thu Mar 14, 2019 7:14 am
by Karen1980
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

Re: Protection scop of SPC

Posted: Wed Oct 16, 2019 10:02 am
by EPO / Patent Information
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.