CJEU Confirms Strict Interpretation of Article 3(a) for SPCs

On 30 April 2020 the CJEU gave its ruling in C-650/17 (Royalty Pharma). The judgment, which is reviewed in detail in our briefing (here), confirms that SPC applications are allowable when the product is not explicitly recited in the claims. However, it is implied that the product will need to be disclosed to a high degree of specificity elsewhere in the patent.

If you have any concerns or queries about the impact of this decision please speak to your usual J A Kemp contact.