Thomson Innovation Tips & Tricks
April 2017 – How To Search For Information On Supplementary Protection Certificate (Spc) Or Patent Term Extension (Pte) In Thomson Innovation
A Supplementary Protection Certificate (SPC) is a sui generis intellectual property (IP) right that extends the duration of certain rights associated with a European patent. It enters into force after expiry of a patent upon which it is based. This type of right is available for various regulated biologically active agents, namely human or veterinary medicaments and plant protection products (e.g. insecticides and herbicides). Supplementary protection certificates were introduced to encourage innovation by compensating for the long time needed to obtain regulatory approval of these products. It normally has a maximum lifetime of 5 years.
Under US patent law, Patent Term Extension (PTE) is the counterpart to Europe’s SPC.
Do you know that you can find this information in Thomson Innovation? Moreover, you can search for patents that have received or asked for a SPC or PTE. This Tips & Trick will show you how to do it.
Information on SPC or PTE is available in the INPADOC Legal Status for a patent document. To see this information, open a patent document in (A) Record View in Full View and jump to the (B) Legal Status section. Here are examples of a (C1) SPC for an EP patent and a (C2) PTE for an US patent .
If you need to search for all patents that received or asked for either a Supplementary Protection Certificate or for Patent Term Extension, you select the (A) INPADOC Legal Status field and (B) enter in search criteria as follows:
(SUPPLEMENTARY ADJ PROTECTION ADJ CERTIFICATE) OR (PATENT ADJ TERM ADJ EXTENSION)
It is possible to add the product name in the search criteria, in order to focus the search on patents that received the SPC or PTE for a specific product. For example, you select the (A) INPADOC Legal Status field and (B) enter in search criteria as follows:
(SUPPLEMENTARY ADJ PROTECTION ADJ CERTIFICATE) OR (PATENT ADJ TERM ADJ EXTENSION) SAME *SULFAMID*
This Record View is one of the patents in the subsequent results list:
It is possible to combine the search for an SPC or PTE with other available fields and search criteria. For example, add an assignee name field, as shown in the example below: