First, the product must be protected by a patent that is still in force, the so-called basic patent. Furthermore, a valid marketing authorization must have been granted for the product as a pharmaceutical or plant protection product. This marketing authorization may only be the first marketing authorization for this product. Finally, a protection certificate must not have been granted for the product at an earlier time.
If the basic patent was granted before the marketing authorization, the application must be filed with the competent authority within six months after the marketing authorization was granted. In case a marketing authorization has already been granted at the time of the grant of patent, the application shall be filed within six months from the date of grant of the basic patent.