24. Can patent protection be considered a relevant reason for granting of an exemption?

Yes. The provision in Section 34a (3) of the Act on Pharmaceuticals stipulates that SUKL may decide under exceptional circumstances and in view of public health protection or due to rights of third parties based on a justified application of marketing authorisation holder submitted 6 months prior to the expiration date of the period at the earliest or 3 months at the latest pursuant to Subsections 1 or 2 or ex officio that an exemption be granted so that this provision does not apply to the respective marketing authorisation.