Europe?
Patent term extensions are used in cases of delays resulting from
regulatory approval procedures for pharmaceutical and
agro-chemicals.
Article 63(2) EPC allows for extension of patent term in cases of
administrative authorisation procedure required by law before a
product can be put on market;
EC Council Regulations 1768/92 and 1610/96: An application for
an SPC made in each EC Member State must be made within 6
months of the date of marketing authorisation or the date of patent
grant, whichever is later.
The duration of the SPC is equal to time between patent filing and
the grant of first marketing authorisation, minus 5 years (up to a
maximum of 5 years duration).
Nothing on this site constitutes legal advice, an offer, an offer to treat or a legal relationship.
Always check with your IP consultant.
