The Patents (Amendment) (EU Exit) Regulations 2018

54.  For Articles 2 (scope) and 3 (conditions for obtaining a certificate), substitute—

“Article 2 Scope

A product may, under the terms and conditions provided for in this Regulation, be the subject of a certificate if it is—

(a) protected by a patent; and

(b) the subject of a UK authorisation prior to being placed on the market as a medicinal product.

Article 3 Conditions for obtaining a certificate

Where an application is submitted under Article 7, a certificate shall be granted if, at the date of submission of that application—

(a) the product is protected by a basic patent in force;

(b) there is a valid UK authorisation to place the product on the market;

(c) the product has not already been the subject of a certificate;

(d) the authorisation referred to in point (b) is the first UK authorisation to place the product on the market as a medicinal product.”.