Financial Times FT.com

EU patents ruling deals blow to drugs companies

By Nikki Tait in London

Published: May 4 2006 18:08 | Last updated: May 4 2006 18:08

Drugs companies will have less opportunity to extend patent protections for their products in the EU following a ruling by Europe’s top court on Thursday.

In a case brought by Massachusetts Institute of Technology and focused around a treatment for brain tumours, the European Court of Justice disagreed with an earlier preliminary opinion by a senior court official which had gone in favour of the pharmaceuticals sector. Instead, the ECJ restricted the availability of so-called supplementary protection certificates which can extend monopoly protections by up to five years after a patent has expired. It said that combination products could only qualify for SPCs if they involved two active ingredients.

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