The European Commission will publish legislative proposals for a unitary supplementary protection certificate as part of a bigger “patent package” in April, a spokesperson confirmed yesterday, March 29.
The commission signalled its intention to introduce a unitary SPC, which extends the term of protection for pharmaceutical products, in a consultation published last February.
But there had been some confusion over the timeline for the plans.
The commission’s consultation webpage on SPCs still says the proposals will move forward in the first quarter of 2022.
When asked by Managing IP, a spokesperson for the commission declined to comment on the details of those reforms but said it planned to adopt the package at the end of April.
The patent package will also include a radical shake-up of Europe’s standard essential patent (SEP) system, as reported by Reuters yesterday, March 29.
According to the Reuters report, the commission plans to give the EUIPO the power to determine fair, reasonable, and non-discriminatory rates for SEPs.
The wider patent package is also expected to include proposals on compulsory licensing. The commission had already confirmed plans to introduce a revised framework in the second quarter of this year.
The commission spokesperson said: “The three initiatives will simplify the current system, reduce fragmentation, increase efficiency and enhance exploitation of patents that are crucial for the development of European innovative technologies.”
It still isn’t clear which body would grant a unitary SPC.
The EUIPO is an option, although it does not currently deal with any patent matters.
In an interview last year, EUIPO executive director Christian Archambeau told Managing IP he wanted the office to have an expanded remit so it would be responsible for all intellectual property matters that stem from EU law.
