This note discusses regulatory data protection (or data exclusivity) and market protection (marketing exclusivity). It identifies their legal bases, defines relevant legal terms and case law, and explains why these forms of...more
AG rejects core inventive advance and scope of protection tests in favour of a disclosure-based approach to Art 3(a) SPC Regulation -
If the CJEU adopts AG Wathelet’s opinion, it will likely be more difficult for patentees...more