Update: Bill C-47 received royal assent on June 22, 2023: An Act to implement certain provisions of the budget tabled in Parliament on March 28, 2023. The Bill’s provisions amending the Patent Act to implement patent term adjustment were not amended from the initial proposed legislation, and are scheduled to come into force no later than January 1, 2025.
Bill C-47, “An Act to implement certain provisions of the budget tabled in Parliament on March 28, 2023,” aka “Budget Implementation Act, 2023, No. 1” is an omnibus bill that includes proposed amendments to the Patent Act to introduce patent term adjustment (PTA) to compensate the patentee for Patent Office delays in granting a patent. Our article, “A first look at Canada’s proposed patent term adjustment system,” discusses the proposed legislation, which is currently before the Standing Committee on Finance. If passed, the PTA provisions would apply to Canadian patent applications filed on or after December 1, 2020.
As explained in the article, and of particular interest to readers of Rx IP Update, Bill C-47 proposes that the term for a certificate of supplementary protection (CSP)—granted on a Canadian patent to account for delay in the regulatory approval process for medicines—would run concurrently with the term for the PTA, rather than starting at the end of the PTA term.
Should you have any questions, please do not hesitate to contact a member of the Life Sciences Regulatory & Compliance Group.
The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.Related Publications & Articles
-
2025 mid-year highlights in Canadian life sciences IP and regulatory law
In the first half of 2025, the Rx IP Update team reported on a number of developments in Canadian life sciences IP and regulatory law. Below are our top stories.Read More -
Health Canada releases its Statistical Report 2024/2025 for PMNOC Regulations, data protection and CSPs
On July 25, 2025, the Office of Patented Medicines and Liaison of Health Canada released its Statistical Report 2024/2025 for the Patented Medicines (Notice of Compliance) Regulations, Data Protection...Read More -
Federal Court of Appeal confirms generic not required to address patent submitted before ANDS filing but listed after
On August 8, 2025, the Federal Court of Appeal (FCA) determined that the Minister of Health’s decision to list Canadian Patent No. 2,970,315 on the Patent Register eight days after it was submitted to...Read More