A niche blog dedicated to the issues that arise when supplementary protection certificates (SPCs) extend patents beyond their normal life -- and to the respective positions of patent owners, investors, competitors and consumers. The blog also addresses wider issues that may be of interest or use to those involved in the extension of patent rights. You can email The SPC Blog here

Friday 3 April 2009

More on Menantine - from the Netherlands and Germany

On 26 March 2009, the Netherlands Patent Office handed down its decision on Memantine. Here's a short English summary of the case:

Synthon requested that the Octrooicentrum revoke the certificate or revise the date of the certificate based on the earlier marketing authorisations that were not granted in accordance with directive 65/65. The Netherlands Patent Office denied this request. In their view it follows mainly from the recitals in the preamble that the relevant first marketing authorisation is an authorisation in accordance with directive 65/65, i.e. for a medicinal product which has been tested thoroughly for quality, safety and efficacy.

Thanks to Martijn de Lange from the Netherlands Patent Office for informing us about this decision.

Just in case you missed out on the German Patent Court decision on Memantine of 11 December 2007, you can get it here.

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