A supplementary protection certificate known in short as SPC is one of the sui generis extensions of patents. The supplementary protection certificate is a right specifically available for plant protection goods including herbicides and insecticides as well as for medical products. The idea behind supplementary protection certificates is to provide the required protection and authorisation for the products to be made publicly available while waiting for regulatory approval. Only once the related patent expires can the certificate become effective. It has a lifespan in the European Union of five years with the option of extension for another five and a half years if the supplementary protection certificate relates to human medical related products where clinical trials have been conducted according to specific regulations. The maximum period may not exceed 15 years. A supplementary protection certificate is only issued if the specific product has met the requirements of being protected by a basic patent which is in force and may be marketed. The product in question may also not have been the subject for such a certificate and marketing authorization has been gained to put the product in the market as a specific medical product. The supplementary protection certificates have come into force simply because the long time it takes to approve medical products. As such companies need some form of protection for their products and the right to have the products on the market as soon as possible. The whole process is rather complicated and as such the expertise of experienced intellectual property attorneys is well appreciated. Smit & Van Wyk Attorneys specialise in various areas of intellectual property including that of patents, trademarks, designs, and copyright.
Intellectual Property in South Africa
Smit & Van Wyk deals exclusively with patents, designs, trademarks, copyright and plant breeders’ rights in South Africa. Our team of Intellectual Property attorneys have the knowledge, experience and resources to give expert legal advice regarding your Intellectual Property portfolio. We can assist with the protection, prosecution and enforcement thereof. It is our mission to provide unparalleled service to our treasured clients by developing dynamic solutions which are tailored to suit individual Intellectual Property needs. The key to achieving this lies with our vibrant people, who are eager to go beyond the call of duty.
It is highly recommended that your claims be written by a qualified patent attorney or patent agent. The patent attorneys at Smit & Van Wyk provide a wide range of patent-related services across multiple industries and fields of technologies, including patent drafting, filing and prosecution.
South Africa Intellectual Property
Smit & Van Wyk deals exclusively with patents, designs, trademarks, copyright and plant breeders’ rights in South Africa. Our team of Intellectual Property attorneys have the knowledge, experience and resources to give expert legal advice regarding your Intellectual Property portfolio.
Franchising legal advice is specialised and differs from other areas of law, thus you need find yourself an attorney that specialises in this specific type of law. Franchise attorneys represent the franchisor, as well as the franchisee.
PCT National Phase Patents
The PCT National Phase is the second of the two main phases of the PCT procedure. It follows the international phase and consists in the processing of the international application before each Office of (or acting for a Contracting State) that has been designated in the international application.