Supplementary protection certificates

Extended term of protection available for medicinal and plant protection products

If a patent was granted for an active ingredient or a combination of active ingredients of a medicinal or plant protection product, it is possible to have protection extended by a supplementary protection certificate for up to five years and for a further period of up to six months in case of recognised studies on medicinal products for paediatric use (paediatric extensions).

The application for a certificate (Zertifikatsanmeldung) must be filed within six months from the authorisation to place the relevant medicinal or plant protection product on the market in the Federal Republic of Germany.
If a basic patent had not yet been granted when the authorisation was issued, the request must be received at the DPMA within six months from the grant of the basic patent at the latest. If a supplementary protection certificate is granted, it takes effect at the end of the maximum term of protection of the basic patent (20 years).

• Antrag auf Erteilung eines ergänzenden Schutzzertifikats für Arzneimittel, Pflanzenschutzmittel (request for the grant of a supplementary protection certificate for medicinal products, plant protection products)
• All forms are available in the Forms section

© 2013 Deutsches Patent- und Markenamt | Last updated 13/05/13