Supplementary Protection Certificates for Medicinal and Plant Protection Products in Latvia

Supplementary protection certificates (SPCs) are intellectual property rights extending patent protection for specific medicinal and plant protection products.

Deadline for filing

The application for obtaining a supplementary protection certificate has to be filed: 

(1) within six (6) months from the date on which the first authorisation to place the product on the market is granted in (including) Latvia 

(2) within six (6) months from the date of grant of the basic patent, if the authorization had been received before the basic patent.

Requirements for filing a SPC

• a name and address of the applicant;
• a number of the basic patent patent that protects the medicinal product or plant production product;
• a title of the invention;
• a copy of valid market authorization (authorization number; authorization date; identity of product thus authorized; and legal provisions under which such authorization took place);
• a summary of the product characteristics listed in Article 4a of Directive 65/65/EEC, Article 5a of Directive 81/851/EEC or Article 4 of Directive 91/414/EEC.

Requirement for the grant of a SPC

The requirements for grant of an SPC are set out in Article 3 of the SPC Regulation. 

• the product is “protected” by a basic patent
• the SPC is based on the first valid authorisation to place the product on the market as a medicinal product
• the product has not already been the subject of an SPC 

Latvian patent office strictly examines these requirements and considers the history of the SPC applications in other European Union member states in order to reject the application or grant the SPC.

SPC filing fees

Official fee for filing a SPC: EUR 120

Patent attorney fee: EUR 250

Translation fee, if necessary: EUR 10 / 100 source words.

Representation before the Latvian patent office

A person with no residence, seat or commercial or industrial enterprise operating in Latvia must authorize a patent attorney as a representative before the latvian patent office. The Power of Attorney is not required.

Payment of renewal fees for the SPC

Year	Official fee (EUR)	Patent attorney fee (EUR)	Total (EUR)
1st – 5th	550	100	650