UCB SA - BNP Paribas Fortis

Patent laws in UCB’s major markets are substantially similar, but the protection provided by a patent
varies from country to country, depending on the type of claim granted, the scope of those claims’
coverage (the way claims are interpreted) and the legal remedies available for enforcement. Although
there are certain exceptions as to when and how generic pharmaceutical manufacturers may apply for
regulatory approval with respect to patent expiry, patent protection in key markets such as the United
States, Europe and Japan is generally strong.
The UCB Group currently has approximately 510 active patent families, comprising approximately
3,080 granted patents and 2,310 pending patent applications. Although patents are important to the
business of the UCB Group, UCB believes that no single patent (or group of related patents) is material
to the UCB Group’s business as a whole. However, the Issuer believes that patents relating to key
products such as Cimzia®, Neupro®, Vimpat® and Keppra®XR are of particular importance.
Term and Expiration of Patent
The term of a patent varies depending on the laws of the particular jurisdiction which has granted the
patent. However, in all jurisdictions which are of key importance to the UCB Group, patent protection,
once granted, is valid for 20 years from the date on which the corresponding patent application was
filed.
The European Union, the United States, Japan and certain other countries provide extensions of patent
term or supplementary protection certificates to compensate for patent term loss due to regulatory
review thus allowing adequate time to recoup the substantial investment in research and development
and regulatory approval of products. In accordance with its product life-cycle management policy, the
UCB Group will seek such extensions wherever and whenever they are available.
Although expiration of the basic patent protection for a product (usually the API or a key formulation)
normally results in the loss of market exclusivity, the UCB Group may continue to derive commercial
benefits from:
• patents relating to specific uses for the API;
• patents relating to novel compositions and formulations;
• patents relating to processes and intermediates used in manufacturing the active ingredient; and
• in certain markets (including the U.S. and the EU), market exclusivity under laws other than patent
laws, in particular, regulatory data protection and exclusivity provisions.
The following summary sets forth the expected expiration dates of the basic patent protection for key
products of the UCB Group in its major markets (including any patent extensions, where applied for or
already granted).
Marketed Products EU U.S. Japan
Keppra® (levetiracetam; API) September 2 2010 3 Expired None
2
The basic patent in Europe expires in May 2010 however data exclusivity applies to until September 2010 making this the date of expiration of
exclusivity
3
Including extensions where applied for or already granted
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