Supplementary protection certificates
For medicinal products and plant protection products, you can apply for supplementary protection certificates in addition to the patent. This is due in part to the fact that you need a licence to market the product. This normally takes a long time, due to the research into possible side-effects. Without the supplementary protection certificates, the term of protection of a patent could be insufficient for you to recover your investments. In the Netherlands, the application for a supplementary protection certificate runs via the NL Agency.
Active ingredients: The certificate protects the active ingredient of the medicinal product or plant protection product.
Term: The supplementary protection certificate is valid from the end of the legal term of the original patent. The term depends on the time that has elapsed between the patent filing date and the acquisition of the first licence in the European Union, up to a maximum of five years. A further extension may also be obtained under certain conditions for medicinal products which are also suitable for children.