IP Quick Tip: Unitary Supplementary Protection Certificates (2023)

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In April 2023, the European Commission published a proposal for revisions of the legislation on SPCs. The proposal includes the following concepts:
An SPC with unitary effect, a so-called uSPC, which is granted by the EUIPO based on a unitary patent and a centralized marketing authorization only. Such uSPC exerts its effects uniformly in all UPC Member States.
The implementation of a centralized procedure for the grant of national SPCs. For non-unitary European patents and in case of a centralized marketing authorization, a centralized SPC application must be filed with the EUIPO. The SPCs are granted by the national authorities of each designated Member State based on a binding opinion of the EUIPO and have a national effect, just like current SPCs.
A “combined application” may be filed to obtain a unitary SPC and national SPCs. Since a uSPC only covers UPC Member States, national SPCs are needed to ensure protection in those EU Member States not covered by the unitary patent. Double protection by both a uSPC and a national SPC in any given Member Stated is, however, excluded.
In case of national patents or national marketing authorizations, respectively, SPCs will be granted by the authorities of the respective state.