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EU Parliament Backs Plan To Allow Pre-Grant Opposition To Patent Extension Requests

Executive Summary

Members of the European Parliament have ignored pleas from the EPP political group and the German Federal Council to drop a proposal allowing third parties to oppose the granting of a supplementary protection certificate.

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European R&D Industry Warns SPC Proposals Could Cause Delays & Invite Abuse

A pre-grant opposition mechanism would introduce uncertainty into the existing supplementary protection certificate framework and would be open to abuse by third parties seeking to exploit gaps in the protection of originator drugs, according to EFPIA and the Chartered Institute of Patent Attorneys.

European Off-Patent Industry Welcomes Unitary SPC Pre-Grant Opposition

European off-patent industry association Medicines for Europe has welcomed the European Parliament’s “balanced stand” on unitary SPC regulation after “safeguard” provisions allowing pre-grant opposition and explicitly banning patent linkage were adopted.

European Parliament Supports Explicit Patent Linkage Ban

An explicit ban on patent linkage would ensure that competition to originator drugs is not delayed, according to off-patent industry group Medicines for Europe.

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