365. Supplementary protection for medicinal and plant protection products.

Supplementary protection certificates may be issued in respect of medicinal products1 and plant protection products2 for the purpose of extending the period of patent protection for those products3. Any product protected by a patent in the territory of a member state and subject, prior to being placed on the market as a medicinal or plant protection product, to an administrative authorisation procedure4 may be5 the subject of a supplementary protection certificate6.

A certificate must be granted if, in the member state in which the application for a supplementary protection certificate is submitted and at the date of that application: