Conditions for granting certificates
The certificate shall be granted to the holder of the basic patent or his successor in title.
- the product is protected by a basic patent in force;
- a valid authorization to place the product on the market as a medicinal product or as a plant protection product has been granted in accordance with the relevant EEC Directive in force;
- the product has not already been the subject of a certificate;
- the authorization referred to in (b) is the first authorization to place the product on the market as a medicinal product or as a plant protection product.
The holder of more than one patent for the same product shall not be granted more than one certificate for the product. However, where two or more applications concerning the same product and emanating from two or more holders of different patents are pending, a certificate for this product can be issued to each holder.
The application for the certificate shall be filed within six months of the date on which the authorization to place the product on the market as a medicinal product or as a plant protection product was granted. Where the authorization to place the product on the market is granted before the basic patent is granted, the application for the certificate shall be filed within six months of the date on which the patent has been granted.
