Industrial property

Paris Court of Appeal Overturns the French Patent Office decision to refuse the grant of Two SPC Applications Filed by...

By Marie-Ange Pozzo di Borgo and Emilia Grenier, Associates at Gide Loyrette Nouel. In two rulings issued on 16 May 2025, the Paris Court of Appeal annulled decisions by the French Patent Office (INPI) refusing to grant supplementary protection certificates (SPCs) to Janssen Pharmaceutica NV. These are interesting decisions as they relate to combinations of active ingredients and are the first decisions implementing the recent Teva v. MSD CJEU decision in France. The SPC applications concerned the following combinations of active ingredients: First SPC: tenofovir alafenamide fumarate, emtricitabine, rilpivirine hydrochloride ; Second SPC: tenofovir alafenamide fumarate, rilpivirine hydrochloride. Seized with...