‘Where, on the basis of a patent protecting an innovative active ingredient and a marketing authorisation for a medicinal product containing that ingredient as the single active ingredient, the holder of that patent had already obtained a supplementary protection certificate (“SPC”) for that active ingredient entitling him to oppose the use of that active ingredient, either alone or in combination with other active ingredients, article 3(c) of Parliament and Council Regulation (EC) No 469/2009 precluded that patent holder from obtaining—on the basis of that same patent but a subsequent marketing authorisation (“MA”) for a different medicinal product containing that active ingredient in conjunction with another active ingredient which was not protected as such by the patent— a second supplementary protection certificate relating to that combination of active ingredients.’
WLR Daily, 12th December 2013
Source: www.iclr.co.uk
