Article 3 Conditions for obtaining a certificate
United Kingdom
Where an application is submitted under Article 7, a certificate shall be granted if at the date of submission of the application—
the product is protected by a basic patent in force;
there is a valid GB or NI authorization to place the product on the market;
the product has not already been the subject of a certificate;
the authorization referred to in (b) is the first authorization to place the product on the market as a plant protection product in the territory of England and Wales and Scotland or the territory of Northern Ireland as the case may be.
The holder of more than one patent for the same product shall not be granted more than one certificate for that product. However, where two or more applications concerning the same product and emanating from two or more holders of different patents are pending, one certificate for this product may be issued to each of these holders.
Annotations
Textual amendments
- F1
Art. 3(1) substituted (31.12.2020) by The Patents (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/801), regs. 1, 23 (as amended by S.I. 2020/1471, regs. 1(2), 2(5) (with reg. 7)); 2020 c. 1, Sch. 5 para. 1(1)