Background
24 January 2025

Dan Byrne featured in LexisNexis: ”What is an ‘active ingredient’ for an SPC?”

Partner and barrister Dan Byrne has authored an article for LexisNexis titled ”What is an ‘active ingredient’ for an SPC?—the UK IPO rules out excipients but on what basis?”

The article examines the recent decision by the Patents Court, which upheld the UK IPO Hearing Officer’s ruling to refuse the granting of two Supplementary Protection Certificates (SPCs) for combination products. This ruling was based on the determination that both products in each combination did not qualify as ‘active ingredients’ under the definition provided in Article 1(b) of the SPC Regulation.

Dan Byrne delves into the implications of this decision, offering valuable insights into the evolving interpretation of what constitutes an active ingredient for the purposes of SPC eligibility.

To read the full article, please click here  (subscription required) to access it on the LexisNexis website.