Ruling of the Court of Justice of the European Union regarding Supplemnetary Protection Certificates 🔥 🔥 🔥
📢 On December 19, the Court of Justice of the European Union (CJEU) issued a key ruling combining two consolidated cases ( Cases C-119/22 and C-149/22) concerning the interpretation of Regulation (EC) No 469/2009 and Supplementary Protection Certificates (SPCs). 💡 What is the case about? The core question was whether it is possible to obtain an SPC for a product composed of two active ingredients, when one of those ingredients has already been covered by a previous SPC. 📜 CJEU’s conclusion: The Court ruled that it is indeed possible to obtain an SPC for a combination of two active ingredients, even if one of them has already been protected by a previous SPC. ⚖️ Key points of the ruling: The CJEU analyzed Article 3 of Regulation (EC) No 469/2009 and determined that: ▪️A product composed of two active ingredients is considered different from one consisting of a single active ingredient, based on the definition in Article 1 of the Regulation. ▪️Condition (c) of Article 3, which prohibits granting an SPC for a product already protected by another SPC, does not prevent protection for combinations of active ingredients, even if one of them is already covered. ▪️To meet Condition (a) of Article 3, simply mentioning a product in the claims of the basic patent is insufficient. The product must be intrinsically linked to the invention and contribute to solving the technical problem addressed by the patent. ✨ Practical impact: This judgment confirms that combinations of active ingredients can benefit from SPC protection, even when one of the components is already protected, as long as the basic patent adequately supports their combined effect.