European Commission opens public consultation on SPCs and patent research exemptions

The economic evidence from Charles Rivers Associates on job creation and the savings resulting from earlier generic entry may be open to challenge by consultees. Indeed, it appears that the US Chamber of Commerce has already commissioned research that reaches an opposite conclusion. We expect the evidence from innovator companies to focus on the impact these changes could have on attracting research to the EU, investment incentives, competition through innovation and the promotion of essential innovation for patients. The Commission expressly seeks such evidence from stakeholders on their experience with SPCs and the Bolar exemption.

The Commission will publish a summary and assessment of the consultation outcome in a report on its website and will use the report to inform any future policy and legislative proposals on SPCs and patent exemptions.