Changes to SPC and patent law in the event of a no-deal Brexit

Table of contents

• Original news
• What are the defining features of the current SPC regime and the arising uncertainty?
• Whether an applicant may apply for an SPC based on its own patent and a third party’s marketing authorisation?
• Whether SPCs are available for new applications/developments of active ingredients?
• What are the consequences of these uncertainties?
• What about the new SPC waiver legislation?
• How will SPC waivers function in differing Brexit scenarios?

Article summary

Life Sciences analysis: As the UK secures a further extension to its proposed departure from the EU, the life sciences sector remains an area witnessing continued challenges requiring mitigation and careful planning from lawyers. Andrew Hutchinson, partner at Simmons & Simmons, explains the key details concerning the crucial role of Supplementary Protection Certificates (SPCs), which sit at a nexus between regulatory and patent law in this sector.