22 January 2018
The CJEU has ruled in Incyte that national patent offices must allow the rectification of granted SPCs whose expiry date has been incorrectly calculated.
Following the criterion set out in the Seattle Genetics judgment, this is highly relevant in situations where the registered duration of the SPC is too short, because it was wrongly calculated on the basis of the grant date of the marketing authorisation and not, as it should be, on the basis of the notification date of the grant decision.
Incyte is good news for SPC holders in Spain, since the Spanish Patent and Trademark Office has always refused to rectify the expiry dates of granted SPCs. This practice will now presumably cease to exist.