Canada’s Intellectual Property Firm

Canada’s new linkage litigation scheme: A comparison to Hatch-Waxman

The September 21, 2017 amendments to the Patented Medicines (Notice of Compliance) Regulations (see our article here) introduced a new scheme for pharmaceutical patent linkage litigation in Canada. That scheme is now much closer to the US Hatch-Waxman scheme, but with remaining key differences, as shown in the chart below. A special thank you to Brian Coggio of Fish & Richardson for contributing the Hatch-Waxman details.

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CANADA’S NEW LINKAGE LITIGATION SCHEME: A COMPARISON TO HATCH-WAXMAN

*revised July 2022.