How to calculate the extension of SPC protection time?

The Supplementary Protection Certificate (SPC) provides a maximum protection period of up to 5 years, primarily aimed at compensating for the loss of patent protection time due to the time taken for the authorization of marketing by regulatory agencies. When calculating the duration of SPC protection, the filing date of the basic patent and the date of approval for the first marketing authorization should be taken into consideration:

If the first marketing authorization is obtained within 5 years of the basic patent filing date, no SPC protection period is granted.

If the first marketing authorization is obtained between 5 and 10 years after the basic patent filing date, the SPC protection period extends until 15 years after the date of the first marketing authorization.

If the first marketing authorization is obtained more than 10 years after the basic patent filing date, the SPC protection will last for 5 years from the date of patent expiry.

The specific formula for calculating the SPC protection period is "the date of the first marketing authorization grant - the filing date of the basic patent - 5 years". If the resulting duration is less than 0, no SPC protection is provided. If the period is less than 5 years, then that is the duration of the SPC protection. If the calculated duration is more than 5 years, a protection period of 5 years is provided.