SPC

A supplementary protection certificate (SPC) may be granted to owners of patents for:

 

  • active ingredients of a medicine;
  • active substances of a plant protection product.

 

A SPC is granted only for a medicine or plant protection product covered by the marketing authorization for use in Lithuania and must not exceed the legal protection conferred by the main patent.

For filing an application there need to be submitted:

 

  • a request for a SPC;
  • a copy of the first marketing authorization obtained in Lithuania;
  • a document confirming payment of official fee.

 

An application for a certificate must be filed with the Lithuanian Patent Bureau before expiration of the period of validity of the main patent, but not later than within 6 months from the date of grant of marketing authorization or within 6 months from the date on which the patent was granted, if the patent was granted later than the authorization.

 

Information about an application for a certificate, the grant and expiry of a certificate will then be published in the national Official Bulletin. Information regarding the grant and duration of a certificate shall be recorded in the Register of Patents of the Republic of Lithuania.

 

The SPC validity period starts at the end of the lawful term of the patent for a period equal to the period which elapsed between the date on which the patent application was filed and the date of the authorization to place a medicine or a plant protection product on the market, reduced by a period of five years, but not exceeding five years from the date on which it takes effect.

 

The duration of the certificate shall depend on the payment of a set annual fee.  The official fee for filing an application for a SPC is 400 LT which is appr. 116 €. Click to see Annuities for SPC.

 

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