On June 23, 2023, the Office of Patented Medicines and Liaison of Health Canada released its Statistical Report 2022/2023 Patented Medicines (Notice of Compliance) Regulations, Data Protection (C.08.004.1 of the Food and Drug Regulations), and Certificates of Supplementary Protection (fiscal year ending March 31, 2023). Similar to previous such reports, the report includes information for the last 5 years about the eligibility of patents for listing on the Patent Register, the eligibility of drugs for listing on the Register of Innovative Drugs, Certificates of Supplementary Protection, and related court activity.
For the first time, this report breaks down submissions on “Intellectual Property Hold” to indicate the number of drug submissions that were placed on hold in each fiscal year, and the reason (i.e., patents, data protection, or both). For the 2022/2023 fiscal year, of the 123 submissions placed on Intellectual Property Hold, 83 were as a result of patents, 13 as a result of data protection, and 27 as a result of both patents and data protection.
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
-
Health Canada launches new Clinical Trial Search Portal and publishes updated guidance
As part of its efforts to modernize clinical trials and enhance transparency (see our previous article), Health Canada has launched a new Clinical Trial Search Portal, replacing the Clinical Trials Da...Read More -
New regulatory amendments formalize updates to the drug and medical device shortages framework
On June 17, 2026, Health Canada published the Regulations Amending Certain Regulations Made Under the Food and Drugs Act (Shortages and Discontinuation of Sale of Drugs and Medical Devices).Read More -
Medical device updates: MDEL modernization, Class III & IV licence applications, and MDD performance reports
As we previously reported, Health Canada announced that the Phase II amendments to the Medical Devices Regulations (MDR) regarding medical device establishment licences (MDELs) will come into force De...Read More
