To refer, or not to refer?

Mr Justice Arnold delivered his judgment this morning in Astellas Pharma Inc v Comptroller-General of Patents [2009] EWHC 1916 (Pat), an appeal against the refusal of the Intellectual Property Office, United Kingdom, to extend the term of a patent by granting a supplementary protection certificate (SPC).

SPC enthusiasts may already have seen a posting on this case on The SPC Blog here; the ruling gives an interesting insight into the manner in which a Patents Court judge decides whether, in respect of a dispute that is likely to go to the Court of Appeal, it is proper to refer questions to the Court of Justice of the European Communities for a preliminary ruling.