Patent Term Extension

What is Patent Term Extension and why does it matter?

Patent Term Extension (PTE) is an extension of a patent’s lifespan beyond its original term of 20 years and applies to patents pertaining to regulated medical products, particularly pharmaceuticals. This to compensate for regulatory delays that can consume a significant portion of the patent term. By availing themselves of PTE (referred to as SPC – Supplementary Protection Certificate – in Europe), businesses can achieve a better return on investment, compensating for time lost in clinical development and the regulatory approval process. PTE (or SPC) is obtained for a period of up to 5 years.

How and when should I attain Patent Term Extension?

To qualify for PTE, a patent must cover a product that has undergone a regulatory review before its commercial marketing or use. The process involves a thorough assessment to determine if the patent meets the eligibility criteria set by the relevant jurisdiction(s), which may vary considerably. Timing is critical: applications for PTE are usually made close to the patent’s original expiration date, and only after regulatory approval has been obtained. Our expert team will ensure that this complex process will be handled effectively for making the most out of your innovation.

Offset the value challenges of prolonged R&D cycles. Contact us today at CDS-LUTHI to ensure your patents get the extended protection they deserve, maximizing their market potential and better capitalizing on your innovations.