Is it possible to obtain a Supplementary Protection Certificate (SPC) based on a European patent with unitary effect (Unitary Patent)?

Yes, it is possible to benefit from a Supplementary Protection Certificate (SPC) extension in case Unitary Patent protection is chosen by the patent proprietor. SPCs, which apply to specific pharmaceutical and plant protection products, may extend the term of the patent by up to 5 years.

Under current SPC legislation, a European patent with unitary effect is as a “basic patent“ within the meaning of Regulation (EC) No 469/2009 and Regulation (EC) No 1610/96. Both Regulations thus apply in the same way to a Unitary Patent as to a “classical“ European patent.

However, under the current SPC legislation, Unitary Patents can only be extended by national SPCs (see the European Commission Call for Evidence 2022, page 2, point 2). The Commission has announced that it is envisaged to create a system of Unitary SPCs.

For more information, please see the official website of the European Union on the SPCs