No stay of proceedings in SPC applications

04/05/2015

The High Court of Vienna has referred two questions regarding the date of first marketing authorization concerning supplementary protection certificates to the CJEU (C-471/14 Seattle Genetics). Patent holders applying for supplementary protection in Iceland have requested stay of proceedings at the Icelandic Patent Office until a decision has been made in the CJEU case.

The Icelandic Patent Office will not stay proceedings, as it is the office's responsibility to come to a decision on grant as soon as possible.

Until a decision has been made at the CJEU, the office will continue to grant in accordance with the current practice. Should the CJEU decide that the notification date shall apply when calculating the duration of a SPC, patent holders who choose so can request a recalculation of SPC time at the Icelandic Patent Office.