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Change in the computation criteria of SPC

January 24, 2018

As a consequence of the judgment of the Court of Justice of the European Union (Second Chamber), dated December 20, 2017, in case C-492/16, the Spanish Patent and Trademark Office has announced that the duration of Supplementary Protection Certificates (SPCs) will be established from the notification date of the marketing authorization and not from the grant date of the authorization. Moreover,  a holder of a SPC will have the possibility of requesting the rectification of the duration provided in said certificate while the latter has not expired.

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