OpenLegislation

Article 7 Application for a certificate

United Kingdom

Original text. Later amendments are not shown.

1.

The application for a certificate shall be lodged within six months of the date on which the F1UK, GB or NI authorisation referred to in Article 3(b) F2and (d) to place the product on the market as a medicinal product was granted.

F3Where more than one such authorisation is granted before the application for a certificate is lodged, the application shall be lodged within six months of the date of grant of the earliest of such authorisations.

2.

Notwithstanding paragraph 1, where the authorisation to place the product on the market is granted before the basic patent is granted, the application for a certificate shall be lodged within six months of the date on which the patent is granted.

F42a.

Where an application for a certificate lodged before 1 January 2025 in accordance with paragraph 1 or 2 contains a NI authorisation granted pursuant to Regulation (EU) 2019/6, that authorisation shall be treated on and after 1 January 2025 as if it were a valid NI authorisation for the purpose of Article 3(b) and (d) at the time the application was lodged.

3.

The application for an extension of the duration may be made when lodging the application for a certificate or when the application for the certificate is pending and the appropriate requirements of Article 8(1)(d) or Article 8(2), respectively, are fulfilled.

4.

The application for an extension of the duration of a certificate already granted shall be lodged not later than two years before the expiry of the certificate.

5.

Notwithstanding paragraph 4, for five years following the entry into force of Regulation (EC) No 1901/2006, the application for an extension of the duration of a certificate already granted shall be lodged not later than six months before the expiry of the certificate.

Annotations

Textual amendments

F1

Words in Art. 7(1) inserted (31.12.2020) by The Supplementary Protection Certificates (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1471), reg. 1(2), Sch. para. 14(a) (with reg. 7)

F2

Words in Art. 7(1) inserted (31.12.2020) by The Supplementary Protection Certificates (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1471), reg. 1(2), Sch. para. 14(b) (with reg. 7)

F3

Words in Art. 7(1) inserted (31.12.2020) by The Supplementary Protection Certificates (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1471), reg. 1(2), Sch. para. 14(c) (with reg. 7)

F4

Art. 7(2a) inserted (1.1.2025) by The Supplementary Protection Certificates (Amendments Relating to the Windsor Framework) Regulations 2024 (S.I. 2024/1075), regs. 1(1), 5