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AG weighs in on SPCs in Teva v Gilead opinion

Michael Loney, New York


Advocate General Wathelet has rejected the UK court’s suggestion that “core inventive advance” is a relevant consideration in determining whether a basic patent protects an active ingredient within the meaning of Article 3(a)

Advocate General Wathelet has provided an opinion in the Teva v Gilead case in which a UK court referred a question regarding supplementary certificates (SPCs) to the CJEU.

The High Court of Justice (England and Wales), Chancery Division (Patents Court)...


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