Following the CJEU’s decision in case C-471/14, the Portuguese Institute of Industrial Property has announced their procedure adaptation in order to comply with this CJEU’s decision.
Therefore, the date of notification of the Marketing Authorization will be used as the date for calculating the SPC term.
Thus, for all the future SPC´s or the pending SPC´s applications will be used the date of notification with the presentation of the EU Journal showing the notification date.
Additionally, the Portuguese Institute of Industrial Property has announced that for the SPC´s already granted or in force, no rectification will be made without a specific request by the holder. Therefore, for the recalculation of the term for a granted SPC, based on the notification date, it will be necessary an official request by the owner or their representative.