Additional protection for eligible pharmaceutical patents comes to Canada
In accordance with Canada’s commitment under the Canada-European Union Comprehensive Economic and Trade Agreement (CETA), additional protection will be available for eligible pharmaceutical patents in Canada. Amendments to the Patent Act and Rules provide the framework for the issuance and administration of a certificate of supplementary protection (CSP) for certain patents relating to human and veterinary drugs. The CSP provides additional protection for up to two years from the date of the expiry of an eligible pharmaceutical patent based on the first authorization for sale of a drug containing a new medicinal ingredient or combination of medicinal ingredients in Canada. To apply for a CSP, the eligible patent must be in force, both at the time of filing a CSP application and at the time of the issuance of a CSP, and must meet eligibility requirements. This new protection, which is intended to partly compensate for time spent in research and obtaining marketing authorization, provides patent-like rights in respect of drugs containing the same medicinal ingredient or combination.
Details on the CSP and associated regulations can be found in the Canada Gazette at the following: http://www.gazette.gc.ca/rp-pr/p2/2017/2017-09-07-x1/pdf/g2-151x1.pdf. The relevant regulations are set to come into force on September 21, 2017.
For further information, please contact Dr. David Barrans at Cassan Maclean.
This blog entry is for information purposes only and does not constitute legal or professional advice.