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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Merck Co., Inc (Patent) [2008] UKIntelP o10808 (14 April 2008)
URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o10808.html
Cite as: [2008] UKIntelP o10808
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Merck Co., Inc [2008] UKIntelP o10808 (14 April 2008)
For the whole decision click here: o10808
Patent decision
- BL number
- O/108/08
- Concerning rights in
- SPC/GB /07/046
- Hearing Officer
- Mr A C Howard
- Decision date
- 14 April 2008
- Person(s) or Company(s) involved
- Merck & Co., Inc
- Provisions discussed
- Council Regulation (EEC) No. 1768/92, Article 13
- Keywords
- Supplementary Protection Certificates
- Related Decisions
- None
Summary
An SPC was sought for a product that was authorized in the period between 4 years and 6 months and 5 years after the filing date of the basic patent, as such having regard to Article 13(1) the resulting SPC would have no term. The application was made in the hope that compliance with the requirements of the paediatric regulation (EC) No. 1901/2006 may at some later date extend the SPC to give it a positive term. It was decided that an SPC must be granted in accordance with Article 10.