No SPC crown for Royalty Pharma
In its newest interpretation of article 3(a) of the EU’s Regulation on supplementary protection certificates (SPCs) in Royalty Pharma (C-650/17), the Court of Justice of the EU (CJEU) confirmed that active ingredients covered by a functional definition in the claims, but that were developed only after the filing date of the basic patent following an independent inventive step, are not protected by that basic patent.
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