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Analysis: CJEU SPC basic patent ruling “doesn’t give any more clarity”

Patrick Wingrove, London


The CJEU attempted to clarify the meaning of “protected by a basic patent” in Teva v Gilead, but practitioners and in-house counsel say it raises more questions than it has answered including a new test that is not clear

Practitioners and in-house counsel report that a recent CJEU ruling raised more questions over whether a supplementary protection certificate is 'protected by a basic patent’ than it answered. The court decided that an active ingredient combination is protected as long...


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