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John Miles attends European experts meeting on SPCs

28 January 2011

John Miles attended a meeting of national experts on Supplementary Protection Certificates (SPCs) in London on 27 January 2011 organised by the UK Intellectual Property Office (UKIPO).

John Miles attended a meeting of national experts on Supplementary Protection Certificates (SPCs) in London on 27 January 2011 organised by the UK Intellectual Property Office (UKIPO). Only a handful of private practice patent attorneys were invited to attend together with representatives of 19 national European patent offices, the pharma industry, and the Medicines and Healthcare Regulation Authority (the UK "FDA"). The meeting discussed contentious issues relating to the interpretation of the SPC legislation. Several of these issues are presently before the Court of Justice of the European Union (CJEU), and John, with colleague Michael Pears, is heavily involved in one of the CJEU references (Georgetown University et al) which asks a question of fundamental importance to the grant of SPCs to "combination products" such as multivalent vaccines.

Potter Clarkson has built up a large SPC practice and is currently handling over 200 SPC applications across Europe. The law and practice relating to SPCs is extremely complex and often counter-intuitive. John Miles is widely acknowledged to be one of the leading experts on SPC practice in Europe and he, together with colleague Mike Snodin, has written some influential articles on SPC theory and practice, including one concerning the possibility of combining negative term SPCs and Paediatric extensions (See link). This article has been referred to in subsequent cases before the CJEU.


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