Patentverlängerung

Patentverlängerung refers to the process of extending the legal term of a granted patent. In most jurisdictions, patents have a limited lifespan, typically 20 years from the filing date of the application. However, in certain circumstances, patent holders may be eligible for an extension of this term. This extension is usually granted to compensate for delays in obtaining regulatory approval for a product protected by the patent, particularly in sectors like pharmaceuticals and agrochemicals where such approval processes are lengthy and complex. The rationale behind patent term extension is to allow patent holders to recoup their research and development investments, which may have been significantly reduced due to the time spent navigating regulatory hurdles.

The specific conditions and duration of patent term extension vary significantly by country. For instance, in the United States, the Patent Term Extension (PTE) provisions are governed by the Hatch-Waxman Act, which allows for extensions of up to five years to compensate for the time lost due to the FDA's review period. Similarly, the European Patent Office (EPO) offers Supplementary Protection Certificates (SPCs) for medicinal products and plant protection products, which can extend the protection for up to five years beyond the initial patent term. Applicants must typically submit a request for extension along with supporting documentation demonstrating the eligibility criteria, such as the date of regulatory approval and the period of the delay. The extension does not grant new patent rights but rather restores a portion of the original patent term that was eroded by the regulatory review process.