OpenLegislation

Article 3 Conditions for obtaining a certificateF1

United Kingdom

Original text. Later amendments are not shown.

Where an application is submitted under Article 7, a certificate shall be granted if, at the date of submission of that application—

  1. (a)

    the product is protected by a basic patent in force;

  2. (b)

    there is a valid UK, GB or NI authorisation to place the product on the market;

  3. (c)

    the product has not already been the subject of a certificate;

  4. (d)

    the authorisation referred to in point (b) is the first UK, GB or NI authorisation to place the product on the market as a medicinal product in the territory of the United Kingdom, the territory of England and Wales and Scotland or the territory of Northern Ireland as the case may be.

Annotations

Textual amendments

F1

Art. 3 substituted (31.12.2020) by The Patents (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/801), regs. 1, 54 (as amended by S.I. 2020/1471, regs. 1(2), 3(5)); 2020 c. 1, Sch. 5 para. 1(1)