1. Conditions for granting a supplementary protection certificate
2. What is a basic patent?
3. Requirements for an application for granting of a supplementary protection certificate
4. Rights conferred by a supplementary protection certificate
5. Fees

1. Conditions for granting a supplementary protection certificate

A supplementary protection certificate may be granted for any medicinal product or plant protection product which was, prior to being placed on the market, subject to an administrative authorisation procedure, provided that, as of the date of the application, the following conditions are met in the Slovak Republic:

• The medicinal product or plant protection product is protected by a valid basic patent (Slovak or European designating the Slovak Republic);
• A valid authorisation to place the medicinal product or plant protection product on the market as a medicine or preparation for plant protection has been granted;
• A supplementary protection certificate has not already been issued for the medicinal product or plant protection product;
• The authorisation referred to under (b) is the first authorisation to place the product on the market as a medicinal product or plant protection product.

2. What is a basic patent?

A basic patent is a patent protecting a medicinal product or a plant protection product as such, a preparation for plant protection, the production process of a medicinal product or a plant protection product, or the application of a medicinal product or plant protection product, and designated by its holder for the purposes of the procedure for granting of a certificate.

3. Requirements for an application for granting of a supplementary protection certificate

An application for granting of a supplementary protection certificate shall include a completed application form and a copy of authorisation to place a medicinal product or a plant protection product on the market in the Slovak Republic. If such authorisation to place a medicinal product or plant protection product on the market in the Slovak Republic is not the first authorisation granted in the Community, the application shall contain also any document proving that an earlier authorisation in the Community was granted, including the date the authorisation was granted and identity of the medicinal product or the plant protection product.

4. Rights conferred by a supplementary protection certificate

A holder of a supplementary protection certificate shall have the same rights and obligations and shall be subject to the same limitations as a holder of a basic patent.

5. Fees