Patent and patent protection
The patent assures the holder that for the duration of the patent, the patentee has exclusive industrial property rights - and, consequently, utilisation and exploitation rights - related to the patented product and constitutes, therefore, a sort of temporary right of monopoly in favour of the said patent holder. The granting of such exclusive rights is directed at remunerating the costs and investments relating to the ideation and development of the patented product by the patentee and acts, therefore, as an incentive for research.
The regulations for patenting pharmaceutical products in Italy goes back to 1979, the year that decree 338 of the President of the Republic was promulgated.
In the case of medicines, the necessity to demonstrate efficacy and safety with lengthy clinical tests, means that years elapse between the achievement of a patent and of a marketing authorisation. For this reason our legislation provided a further layer of protection that compensated the patentee, at least partly, for the delay in the economic exploitation of the invention.
Law 349/91 had instituted in Italy the CPC (Certificato Complementare di Protezione - or - Complementary Protection Certificate), that enabled the patentee to make up for the interval between the submission of a patent and the marketing authorisation by extending the patent protection period up to a maximum period of 18 years. That measure, however, remained in force for less than 18 months as it was abrogated by institutive regulation CEE/1768/92 of the SPC (Supplementary Protection Certificate) which reduced the supplementary protection period in Europe to not more than 5 years.
Between 1991 (introduction of the CPC) and 1993 (the year in which the CPC was abrogated and the institutive SPC regulation came into force in Italy), a large number of the approximately 400 active ingredients present on the Italian market had obtained the CPC, ensuring a protection period in Italy that was significantly longer than that afforded by the SPC in other EC countries.
The longer patent protection available under the CPC (the institutive regime was operative until its abrogation in 1993) can be seen as the main reason why the development of the equivalent medicines market in Italy has taken significantly longer than in other European member states, such as Great Britain, France and Denmark.
The regulations for patenting pharmaceutical products in Italy goes back to 1979, the year that decree 338 of the President of the Republic was promulgated.
In the case of medicines, the necessity to demonstrate efficacy and safety with lengthy clinical tests, means that years elapse between the achievement of a patent and of a marketing authorisation. For this reason our legislation provided a further layer of protection that compensated the patentee, at least partly, for the delay in the economic exploitation of the invention.
Law 349/91 had instituted in Italy the CPC (Certificato Complementare di Protezione - or - Complementary Protection Certificate), that enabled the patentee to make up for the interval between the submission of a patent and the marketing authorisation by extending the patent protection period up to a maximum period of 18 years. That measure, however, remained in force for less than 18 months as it was abrogated by institutive regulation CEE/1768/92 of the SPC (Supplementary Protection Certificate) which reduced the supplementary protection period in Europe to not more than 5 years.
Between 1991 (introduction of the CPC) and 1993 (the year in which the CPC was abrogated and the institutive SPC regulation came into force in Italy), a large number of the approximately 400 active ingredients present on the Italian market had obtained the CPC, ensuring a protection period in Italy that was significantly longer than that afforded by the SPC in other EC countries.
The longer patent protection available under the CPC (the institutive regime was operative until its abrogation in 1993) can be seen as the main reason why the development of the equivalent medicines market in Italy has taken significantly longer than in other European member states, such as Great Britain, France and Denmark.
