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CJEU Referral: Hope for more legal security regarding supplementary protection certificates (Juve)

Is it required that an active or an exact active combination is explicitly mentioned in the underlying patent, in order to allow a supplementary protection certificate (SPC)? This question has been differently answered within Europe since the ‚Medeva‘ decision of the European Court of Justice (CJEU) of December 2011. The German Federal Patent Court (BPatG) has now referred this question to the CJEU regarding the active sitagliptin of the patentee Royalty Pharma. 

Representing Royalty Pharma
Maiwald (München): Dr. Dirk BühlerDr. Annelie Wünsche (both patent attorneys)

Representing the German Patent and Trademark Office (DPMA)
Inhouse Recht (Mannheim) – not known

The complete JUVE article can be downloaded here: