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Adopted text

Unitary supplementary protection certificate for plant protection products

TA-9-2024-0096 · P9_TA(2024)0096 · PE753.702

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Parliament's position at first reading on a proposed regulation creates a unitary supplementary protection certificate for plant protection products protected by a European patent with unitary effect. The certificate is granted by the European Union Intellectual Property Office on a basic patent, extends the patent by up to 5 years, and has uniform effect in all member states where the patent has unitary effect. The text sets conditions for grant, examination, third-party observations, opposition, invalidity, appeals, fees, a register and a database. It allows combined applications with national certificates, conversion of the certificate into national certificates, and defers application of the regulation.

Key points

  1. A unitary certificate is granted by the Office on the basis of a unitary patent for a product protected by that patent, subject to a valid marketing authorisation in at least one member state where the patent has unitary effect.
  2. The product must not already be the subject of a certificate or unitary certificate, and the authorisation must be the first to place the product on the market as a plant protection product.
  3. Where marketing authorisations are still pending in some member states, the certificate may be granted but has no effect there until a valid authorisation is granted; the examination opinion is not adopted earlier than 18 months after filing.
  4. The certificate confers the same rights as the basic patent, has a unitary character, and may only be limited, transferred or revoked for all member states where the patent has unitary effect.
  5. The application must be lodged within 6 months of the first marketing authorisation, or within 6 months of the date unitary effect is attributed to the basic patent.
  6. Third parties may submit written observations within 3 months of publication of the application, and any person may file an opposition within 2 months of publication of the examination opinion.
  7. Any person may apply to the Office for a declaration of invalidity of the certificate on the grounds set out in the regulation.
  8. The certificate takes effect at the end of the lawful term of the basic patent for a period equal to the time between the filing of the patent application and the first marketing authorisation, reduced by 5 years, and may not exceed 5 years.
  9. The certificate lapses at the end of that period, if surrendered, if the annual fee is not paid, or in a member state where the marketing authorisation is withdrawn.
  10. The Office charges fees for applications, appeals, oppositions, invalidity applications and conversions, and annual maintenance fees; the amounts are set by implementing acts.
  11. A register and an electronic database are set up with information on applications, certificates, oppositions, appeals, invalidity and conversions, available in all official languages of the Union.
  12. The regulation applies from the first day of the 12th month after its entry into force, and the Commission shall evaluate it five years after the date of application and every five years thereafter.

Who is affected

  • Holders of unitary patents for plant protection products, who may apply for a unitary certificate to extend protection.
  • Agrochemical undertakings, which gain a uniform supplementary protection instrument for the internal market.
  • The European Union Intellectual Property Office, which examines applications, grants certificates and maintains the register.
  • Competent national authorities, which may designate examiners to participate in the centralised examination procedure.
  • Third parties, who may submit observations, file oppositions or apply for a declaration of invalidity.

Figures and deadlines

  • 18 months: minimum period after filing before the examination opinion is adopted where marketing authorisations are pending.
  • 6 months: period to lodge the application after the first marketing authorisation or after unitary effect is attributed.
  • 3 months: period for third parties to submit observations after publication of the application.
  • 2 months: period to file an opposition after publication of the examination opinion.
  • 5 years: maximum duration of the unitary certificate from the date it takes effect.
  • 20th anniversary: the date on which the basic patent's lawful term ends and the certificate takes effect.
  • 2 months: period to file an appeal against a decision of the Office.
  • 5 years: period for which a competent national authority may be appointed as a participating office, extendable for further 5-year periods.

Legal basis: Article 118, first paragraph, of the Treaty on the Functioning of the European Union.