J A Kemp is a leading firm of European Patent and Trade Mark Attorneys. We combine independent thinking with collective excellence in all that we do.
The technical and legal knowledge that we apply to the protection of our clients’ patents is outstanding in its breadth and depth. With around 100 science and technology graduates in the firm, including 50 PhDs, no area of science or technology is outside our scope. Our Patent Attorneys have collective in-depth expertise in patent law and procedure in every country of the world.
The team of professionals who advise our clients on trade mark and design matters have backgrounds in major international law firms and hold qualifications as Chartered UK Trade Mark Attorneys, Solicitors and European Trade Mark Professional Representatives. Dedicated to this specialist area of intellectual property protection, the team has the expertise and resources to protect trade marks and designs in any market worldwide.
On 11 September 2019 Advocate General Hogan issued his Opinion in connection with the combined referrals to the CJEU in Royalty Pharma C-650/17 and Sandoz C-114/18.
On 11 September 2019 Advocate General Hogan issued his Opinion
in connection with the combined referrals to the CJEU in Royalty
Pharma C-650/17 and Sandoz C-114/18. Both referrals concern the
interpretation of Article 3(a) of the SPC Regulation, which
requires that:
"A[n SPC] shall be granted if... the
product is protected by a basic patent in force"
If the CJEU adopt the Advocate General's advice it would
represent a further tightening of the interpretation of Article
3(a), with a trend towards excluding SPC protection based on a
patent which does not individually disclose the active
ingredient(s) of an authorised product. This would arguably
introduce a bar on grant of an SPC from a basic patent relating to
early-stage fundamental research, as opposed to later-stage
clinical development work.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
