On the proposal for a regulation of the European Parliament and of the Council on the supplementary protection certificate for plant protection products (recast)
A-9-2024-0023
Committee on Legal Affairs · Rapporteur: Tiemo Wölken
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The Committee on Legal Affairs adopts Parliament's position at first reading on the proposed regulation on the supplementary protection certificate for plant protection products, a recast of Regulation (EC) No 1610/96.¶¶¶ The amendments clarify how a product must be protected by the basic patent, and require that no more than one certificate may protect the same product in a member state.¶¶¶ They set rules for centralised examination by the Office with national examiners, for oppositions, appeals and the Register, and require the Commission to evaluate the regulation every five years.¶¶¶
Committee position. The Committee on Legal Affairs adopts Parliament's position at first reading with 33 amendments to the Commission proposal, clarifying patent protection, limiting certificates per product, and setting rules for centralised examination, oppositions and appeals.¶¶¶
Key points
- The report adopts Parliament's position at first reading on the Commission's proposal for a recast regulation on the supplementary protection certificate for plant protection products.¶¶
- The Consultative Working Party found the proposal contains no substantive amendments other than those identified as such, and is a straightforward codification of existing texts.¶
- A certificate should require that the product falls within the scope of one or more claims of the basic patent, as interpreted by the person skilled in the art in light of the description and prior art.¶
- No more than one certificate, national or unitary, may protect the same product in a member state, and the product must not already have been the subject of a prior certificate.¶
- A new definition of 'economically linked' holders is added, and holders of different patents for the same product may each be issued one certificate where they are not economically linked.¶¶
- Applications must include, where applicable, the consent of the third party referred to in Article 6(2), and a certificate may be declared invalid if granted contrary to Articles 3 and 6.¶¶
- Centralised examination is conducted by an examination panel including one Office member and two national patent office examiners, with relevant expertise and sufficient experience.¶¶¶
- The Office adopts reasoned positive or negative examination opinions based on compliance with Articles 3(1) and 6(2), and oppositions may be filed on those grounds.¶¶¶
- Opposition procedures must be transparent and open to public participation, with joint decisions on multiple oppositions and a decision within 6 months unless complexity requires longer.¶¶¶
- Appeals must be filed within 2 months, with grounds and evidence within three months, and the Boards of Appeal shall annul or alter an examination opinion not in line with their decision.¶¶
- The Register must record the examination opinion, the status and outcome of oppositions and appeals, and the Office must inform the applicant of decisions without undue delay.¶¶¶
- The Commission shall evaluate the application of Chapter III five years after the date of application and every five years thereafter, reporting to Parliament and the Council.¶
Who is affected
- Applicants for supplementary protection certificates for plant protection products, who must meet the conditions on patent protection and prior certificates.¶¶¶
- Holders of basic patents, who may not be granted more than one certificate for the same product unless not economically linked.¶
- National patent offices, whose examiners participate in centralised examination and must have relevant expertise and experience.¶¶¶
- The Office, which examines applications, issues opinions, handles oppositions and appeals, and maintains the Register.¶¶¶
- The Commission, which must evaluate the regulation every five years and report to Parliament and the Council.¶
Figures and deadlines
- 2 months to file an appeal against a decision of the Office.¶¶
- three months to file a written statement of grounds of appeal.
- 6 months for the Office to issue a decision on an opposition, unless complexity requires longer.¶
- at least 1 month notice for a summons to give evidence orally.¶
- five years after the date of application, and every five years thereafter, for the Commission's evaluation.¶
- a minimum of five years of experience in the examination of patents and supplementary protection certificates for at least one examiner.¶
Legal basis: Article 294(2) and Article 114(1) of the Treaty on the Functioning of the European Union.¶