IPPT20090903
PATENT LAW
SPC to two or more holders of basic patents for the same product
• Grant of an SPC is possible to the holder of a basic patent for a product for which one or more SPCs have already been granted to one or more holders of one or more other basic patents. Having regard to all the foregoing considerations, the answer to the questions referred is that Article 3(c) of Regulation No 1768/92, considered in the light of the second sentence of Article 3(2) of Regulation No 1610/96, must be interpreted as not precluding the grant of an SPC to the holder of a basic patent for a product for which, at the time the SPC application is submitted, one or more SPCs have already been granted to one or more holders of one or more other basic patents.
