MERCK CANADA PATENT PROTECTION IN PORTUGAL HAS EXPIRED SAYS ECJ

PHARMACEUTICAL manufacturers in the European Union (EU) can only protect their active ingredients against exploitation by generic manufacturers for 15 years, even when securing patent protection expiring at a later date. The European Court of Justice (ECJ) has ruled that the maximum combined duration of protection gained from patents and supplementary protection certificates approved during patent applications is 15 years. Merck Canada had claimed a patent for montelukast sodium, used in Singulair and Singulair junior, could last beyond 2012, even though an ...


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