The final regulations for implementing CETA in Canada were published today in a special edition of the Canada Gazette. As compared to the proposed regulations published earlier this summer, the final versions the IP related regulations are very similar, with no changes to the Regulations Amending the Patented Medicines (Notice of Compliance) Regulations, 2017, two changes to the Certificate of Supplementary Protection Regulations and no changes to Rules Amending the Patent Rules. As reported yesterday, the changes come into force September 21, 2017. Continue reading CETA
Tag Archives: Patents
CETA
A series of Orders in Council dated last week but published today confirm that most of the Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act will come into force September 21, 2017. This includes expanded geographic indicators, certificates of supplementary protection and changes to the PM(NOC) Regulations.
Patent Rules Consultation
Proposed substantive amendments to the Patent Rules have been published for consultation. Among other things, the amendments overhaul filing requirements, the timing of responses to CIPO notices and the abandonment procedures and are directed to implementing the Patent Law Treaty.
Top Patentees 2016
In 2016, approximately 26,400 patents were granted by the Canadian Patent Office, up significantly from the approximately 21,900 granted in 2015. BlackBerry was again the top recipient of patents, with over twice the patents obtained as any other applicant. The remaining applicants in the top-five were The Boeing Company, Halliburton Energy Services, Qualcomm and Schlumberger Canada. Continue reading Top Patentees 2016
Patent Volume in 2016
The number of patent applications published in 2016 or that entered national phase in Canada in 2016 were up slightly over 2015 at about 34,400 application. Smart & Biggar, Gowlings and Norton Rose Fulbright Canada top the list of firms by volume of applications. Continue reading Patent Volume in 2016
CETA Proposed Regulations
Proposed amendments to overhaul the patent linkage regime and add certificates of supplementary protection were published today in the Canada Gazette, Part 1. Amendments to the Patented Medicines (Notice of Compliance) Regulations will replace the current summary procedures with full actions including rights of appeal. New Certificate of Supplementary Regulations are proposed to provide for up to two years of additional exclusivity based on the time to obtain a notice of compliance for a drug containing a new medicinal ingredient or combination of medicinal ingredients. A number of other proposed regulatory amendments relating to CETA were also published. There is a 15-day consultation period.
CETA
Canada and the EU have announced that they have agreed to set September 21, 2017 as the date to start the provisional application of CETA. Continue reading CETA
Promise Doctrine
In a unanimous decision, the Supreme Court held today that the promise doctrine is not the correct approach to determine whether a patent has sufficient utility. As a result, the lower court decisions finding the patent at issue directed to Esomeprazole/Nexium invalid for want of utility, were set aside.
CETA Implementation
According to an article about the timing of CETA implementation by the CBC, “the European pharmaceutical industry doesn’t want the EU to set a date to start implementing the deal until Canada publishes and consults on some regulatory changes promised to generic drug manufacturers, and some member states are expressing these concerns to the European Commission.” Implementation of CETA requires among other things, amendments to the patent linkage system and patent term adjustment (see earlier post).
Promise Doctrine
The Supreme Court announced that it will be releasing the decision in AstraZeneca Canada Inc. et al. v. Apotex Inc. et al. on Friday, June 30th. It is expected that the decision will consider whether lower courts erred in law in finding the patent invalid: (i) on the basis of a “promise of the patent” utility doctrine; and/or (ii) by applying an incorrect standard for patent utility.