AstraZeneca filed a request with the Patent Office (PO) for the publication in the PO’s official bullet of a court judgment invalidating a previous PO’s decision regarding the termination of one of AstraZeneca’s patents. The PO denied AstraZeneca’s request for publication due to a pending procedure for the issuance of a supplementary protection certificate (SPC) ensuing to that patent, the completion of which the PO considered as prejudicial to the publication. The Supreme Administrative Court – as the highest instance – held that the procedure was not prejudicial and obliged the PO to make the publication.
A summary of this case will be posted on http://www.KluwerIPCases.com.
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