The certificate shall extend the protection provided by the basic patent only to the product covered by the marketing authorization for the medicinal product or plant protection product concerned, before the certificate expires. The certificate confers the same rights as those conferred by the basic patent and is subject to the same restrictions and the same obligations, unless otherwise provided in the Regulations.
The certificate shall enter into force at the end of the statutory term of the basic patent for a period equal to the period between the date on which the basic patent application was filed and the date of the first authorization to place the product on the market in the Community, reduced by period of five years. However, the duration of the certificate may not exceed five years from the date of entry into force. This approach to calculating the compensation period ensures that the product covered by the basic patent is provided with a maximum of fifteen years of adequate and effective protection.
E-Services
