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10 July 2020PharmaJoel Beevers and Michael Pears

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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