Tom Carver
Wragge Lawrence Graham & Co, UK
Title: Supplementary Protection Certificates (SPCs) in Europe – what is the ‘basic patent’ and what is the ‘product’?
Biography
Biography: Tom Carver
Abstract
SPC squatting and SPCs for biologics are a hot topic in Europe following a recent slew of decisions from the courts. First, Supplementary Protection Certificates in Europe are similar to, but not quite the same as, Patent Term Extensions in the US. Tom will explore some of the differences between the two systems, and in particular Tom will examine who may apply for an SPC and on the basis of which patent. The SPC Regulation requires that the ‘product’ the subject of an SPC application must be protected by a ‘basic patent’. In the field of antibodies, is the ‘basic patent’ that patent which claims the antibody in question, or is the ‘basic patent’ that patent which claims the DNA sequence of the protein antigen, or both? Second, only one SPC is permitted per ‘product’. Tom will explore how this might apply to biologics and biosimilars – is a biosimilar the same ‘product’ as the original?