Subsequent to the publication of the Snodin and Miles article, Merck & Co. filed SPC applications for the product sitagliptin. For example, from mid-August to mid-September 2007, Merck & Co. filed SPC applications in various countries, including the UK,Register Extract for UK SPC for sitagliptin phosphate monohydrate Ireland, Register Extract for IE SPC for sitagliptin the Netherlands Register Extract for NL SPC for sitagliptin and Italy. Register Extract for IT SPC for sitagliptin These SPC applications provided an early opportunity for Models A to C to be tested in practice. Curiously, the patent offices of various EU member states did not reach any consensus on which model is correct. For example, the NetherlandsRegister Extract for NL SPC for sitagliptin, showing an SPC expiry date earlier than the expiry date of the basic patent and the UKUKIPO decision granting negative term SPC favoured Model A, Germany,Translation of referral from BGH to the CJEU in Merck's appeal against refusal of sitagliptin SPC application in Germany Portugal and Slovenia favoured Model B and GreeceCommentary on SPC applications for sitagliptin favoured Model C.
