Proposals on Supplementary Protection Certificates - a BusinessEurope position paper

Key messages

Following the entry into operation of the Unitary Patent and the Unified Patent Court on 1st June 2023, it is time now to create the unitary Supplementary Protection Certificate (SPC) to incentivise pharma, biotech, and agrochemical companies to also participate in the Unitary Patent system.
BUSINESSEUROPE generally welcomes the European Commission proposals on the Supplementary Protection Certificates, which are expected to significantly reduce administrative burdens and increase efficiency, transparency as well as legal certainty.
The proposals on the unitary SPCs should enter into force as soon as possible to reduce the period of uncertainty between the entry into operation of the Unitary Patent system and the availability of unitary SPCs.
BUSINESSEUROPE has questions on the ability and expertise of the EUIPO to perform the key tasks assigned to it in the SPC proposals, especially as this EU Agency does not have any experience on substantive patent law. Therefore, clear and transparent procedures and criteria for the selection of examiners need to be included in the legislation.
It must be ensured that the new SPC procedures allow the granting of unitary SPCs with the highest degree of quality.