Princeton, New Jersey

Intellectual property in the European Union

 Particular patent, data exclusivity and trademark knowledge and strategies that are useful
for life science companies operating in the European Union.

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Recommended articles

Esra Demir, Evert Stamhuis, Patenting human biological materials and data: balancing the reward of innovation with the ordre public and morality exception, Journal of Intellectual Property Law & Practice, Volume 18, Issue 7, July 2023, Pages 546–553, https://doi.org/10.1093/jiplp/jpad052


Pharmaceutical patents under the SPC regulation

Ulla Callesen Klinge (Author)
"Written by an experienced European Patent Attorney and scholar, this book sets out in detail the framework for protection of pharmaceutical innovation under the SPC Regulation. With a focus on both biotechnological innovation and secondary innovation, and through extensive reference to the case law, Ulla Klinge surveys the Court's evolving interpretation of legal and technical eligibility for this extended term of protection. This book provides clear and pragmatic tools to reflect and guide future practice, while offering key explanations and insights as to why and how technological developments challenge the legal SPC framework."
eBook, English, 2022

To incentivize innovation in the pharmaceutical industry, especially for medicines and plant protection products, the EU provides Supplementary Protection Certificates (SPCs).  These extend the exclusivity period for up to 5 additional years beyond the standard 20-year patent term.  

Eligibility for SPCs: The product must be covered by a valid patent, be authorized for sale in the EU, and be the first of its kind in a certain category. The SPC can only apply to one active ingredient or product per patent.

Free course on essentials of life science IP in European Union

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POA Participating IP Firms in the European Union - 2025

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