The CJEU abolishes Neurim and SPCs for new therapeutic indications

Judgment of the Court of Justice of the European Union (Grand Chamber) in Case C-673/18 Santen SAS v. Directeur général de l’Institut national de la propriété industrielle, 9 July 2020 In Santen v INPI, the Grand Chamber of the Court of Justice of the European Union ruled that supplementary protection certificates must not be granted for further therapeutical indications of known medicines, adjudicating that the SPC system is aimed at promoting new active substances. Supplementary protection certificates (SPC), governed by Regulation 469/2009 (Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products OJ L 152, 16.6.2009; SPC Regulation), are legal instruments extending patent protection for innovative medicinal products. Any medicinal product in the EU needs a marketing authorization (MA), which is based on lengthy tests and trials carried out during the period of patent...