Supplementary protection certificate for plant protection products. Recast
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With the Council of the EU, which is preparing its first-reading position.
Last active 06 Feb 2026
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What this bill does
In plain terms: what it changes and who it affects.
This proposal recasts EU rules extending patent protection for plant protection products and adds a central EU application route for national certificates.
Who it affects
It affects makers of patented plant protection products and follow-on agrochemical manufacturers. It also affects patent holders seeking longer protection after regulatory approval delays.
Core of the proposal
- Keeps supplementary protection certificates extending patent protection for plant protection products by up to five years.
- Creates a centralised EUIPO application and examination route for certificates in multiple Member States.
- Allows third-party observations, oppositions, appeals, and national validity challenges against centrally examined certificates.
- Permits centralised applications before all national marketing authorisations are granted, if applications are pending.
Key provisions
- Takes effect
- The proposal states centralised-application rules apply one year after entry into force; the exact entry-into-force article is not supplied.
- Transitional law
- Centralised application provisions are deferred for one year to let EUIPO implement and launch the new procedure.
Articles changed · 1 across 1 law
- Regulation (EC) No 1610/96 (31996R1610)
- entire act: repeals the entire regulation as part of a recast
Latest update
05 Jun 2026The most recent development in this bill's progress.
1st reading – Council of the EU → 1st reading – Council of the EU
1st reading – Council of the EU → 1st reading – Council of the EU
Documents
1 recentSourcesOEILEUR-LexEU Law Tracker