In the “Summer Edition 2020” of the specialist magazine “European Biotechnology”, BOEHMERT & BOEHMERT patent attorney Dr Laura Haas discusses a legal case before the Court of Justice of the EU which resulted in a specific set of rules for patent protection in the case of SPCs (Supplementary Protection Certificates).
In detail, the CJEU ruled that it is in principle possible to grant an SPC, even if the product is not specifically disclosed in the basic patent. However, a person skilled in the art must be able to deduce directly and unequivocally that the product falls within the scope of protection of the basic patent.
As a consequence of this CJEU ruling, Laura Haas, who holds a doctorate in biochemistry, sees the option that an infringement defense can be created based on a later obtained patent which is the result of “independent inventive activity” over a basic patent.
Read the detailed presentation of the ECJ decision here and learn more about the background (only available in English)!