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
-
FCA finds Teva would directly infringe and induce infringement of Janssen’s paliperidone palmitate patent
As previously reported, the Federal Court found that Teva would directly infringe but not induce infringement of certain claims of Canadian Patent No. 2,655,335 (335 patent) regarding its paliperidone...Read More -
Health Canada proposes amendments to the Food and Drug Regulations and Medical Devices Regulations to modernize framework for therapeutic product recalls
On April 15, 2023, Health Canada proposed amendments to the Food and Drug Regulations and the Medical Devices Regulations (together, the “Proposed Amendments”).Read More -
Health Canada publishes revised Guidance Document: Certificates of Supplementary Protection (CSP)
On May 12, 2023, Health Canada announced the fifth version of the Guidance Document: Certificates of Supplementary Protection. The changes are desRead More