Judgment_paragraph 12 · Santen SAS v Directeur général de l’Institut national de la propriété industrielle (C-673/18)

12Under Article 13 of that regulation, entitled ‘Duration of the [SPC]’:1. The [SPC] shall take effect at the end of the lawful term of the basic patent for a period equal to the period which elapsed between the date on which the application for a basic patent was lodged and the date of the first authorisation to place the product on the market in the Community, reduced by a period of five years.2. Notwithstanding paragraph 1, the duration of the [SPC] may not exceed five years from the date on which it takes effect.3. The periods laid down in paragraphs 1 and 2 shall be extended by six months in the case where Article 36 of Regulation (EC) No 1901/2006 [of the European Parliament and of the Council of 12 December 2006 on medicinal products for paediatric use and amending Regulation (EEC) No 1768/92, Directive 2001/20/EC, Directive 2001/83/EC and Regulation (EC) No 726/2004 (OJ 2006 L 378, p. 1)] applies. In that case, the duration of the period laid down in paragraph 1 of this Article may be extended only once.4. Where [an SPC] is granted for a product protected by a patent which, before 2 January 1993, had its term extended or for which such extension was applied for, under national law, the term of protection to be afforded under this [SPC] shall be reduced by the number of years by which the term of the patent exceeds 20 years.’