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HDGabor

05/07/20 5:16 PM

#271936 RE: rafunrafun #271906

r-

Europe / Canada: is Marine patent irrelevant because they're going / went for RI indication only?

Any patent are irrelevant, since the first line of protection is the exclusivity (5 yrs NCER in the US): min 10 yrs in EU and (IRRC) 8 yrs in Canada. e.g in the EU - assuming approval by 12/31/2020 - V will be protected till 12/31/2030. Assuming no new indication, no extension of exclusivity the protection - after 12/31/2030 till 2033 - will be the R-IT patents.

China: If E in China is going for a Marine label, is there a Marine patent in China?

Should be … but could be invalidated based on the same ground.

If they are going for RI label, then is the Marine patent irrelevant?

At the first sight: yes. However I think R-IT ("should be") is weaker (mean chance is higher for invalidation) if MARINE patents are invalid.

Best,
G