SPCs in Sweden may now qualify for an additional day of protection

17 December 2024

Zacco recently represented a client during appeal proceedings at the Swedish Patent and Market Court (PMD). The successful result means that some existing Supplementary Protection Certificates (SPC) holders may now apply for an additional day of protection.

The decision in PMÄ 7804-24 was reached on the 11^th November 2024 with the court stating that the duration of a certificate shall reflect the time between the filing date of the patent application, including the filing day, and the approval date for marketing the product. This decision is legally effective as of 2nd December 2024 and will not be possible to appeal.

PRV has confirmed today that “the calculation method expressed by PMD generates one extra day of protection compared to the earlier calculation method applied by PRV, however, the duration can never exceed the maximum of 5 years.” The extension will not be applied retroactively but in practice it means that holders who qualify for an extension can apply, in writing, and the additional day of protection will be applied to their rights.

If you have an existing SPC in Sweden that falls under the remit of the recent court decision, we encourage you to reach out and we will be able to submit a written request on your behalf. Contact Michael Byström for more information, as the responsible attorney who represented the client in the appeal proceedings.

You can find an English translation provided by PRV below:

Calculation of Supplementary Protection Certificate

In a decision (PMÄ 7804-24) dated the 11th of November 2024, the Patent and Market Court (PMD) clarified the interpretation of article 13 in the Regulation of supplementary protection certificates.

The Patent and Market Court states that the duration of a certificate shall reflect the time between the filing date of the patent application, including the filing day, and the approval date for marketing the product.

The calculation method expressed by PMD generates one extra day of protection compared to the earlier calculation method applied by PRV, however, the duration can never exceed the maximum of 5 years.

PRV applies the new calculation method for all pending applications of supplementary protection certificates. A holder of an already granted certificate can call for correction of the duration by filing a written request to PRV. Please note that the new calculation method has no effect on certificates already reaching the maximum duration of 5 years.

The above text can also be found in its original Swedish here.