2. Why should we extend the duration of the monopoly granted by a patent on a medicine or a plant protection product?

Before a medicine or plant protection product can be marketed, a marketing authorization (MA) must first be obtained from a competent authority (French, European, etc.).

However, the procedure for obtaining marketing authorization is a lengthy one, and delays the patent holder's ability to exploit his invention, generate revenues and thus recoup his R&D investment.

The purpose of the SPC is to compensate for the loss of time caused by the delay in obtaining marketing authorization for the drug or plant protection product. The SPC thus constitutes a form of compensation for the patent holder for the prejudice he has suffered as a result of the late grant of his right of exploitation (the MA) and the impossibility he had, prior to this grant, of enjoying his monopoly of exploitation.