J. Bradley White J. Bradley White

Canadian patent office issues guidance on computer-implemented and medical inventions following Choueifaty decision

The Canadian Intellectual Property Office (CIPO) has issued new guidance explaining how CIPO intends to apply the decision in Yves Choueifaty v...

Federal Court invalidates tadalafil dosage patent finding dose selection to be routine

The Federal Court has issued its decision in Eli Lilly Canada Inc. v. Mylan Pharmaceuticals ULC, 2020 FC 816, invalidating Eli Lilly’s patent,...

Federal Court clarifies Canadian approach to subject-matter eligibility for computer patents

In a recent decision, the Federal Court has rejected the Commissioner of Patents' “problem-solution” approach to claim construction when...

Canadian court interprets CETA drug patent extensions more broadly than EU equivalent

The Federal Court ruled in its first case to consider the Canadian supplementary protection scheme for patented pharmaceuticals in relation to a...

Competition Bureau reiterates its position against anti-competitive generic drug delay tactic

The Competition Bureau recently issued a press release expressing concern about the denial by one brand company, Otsuka, of samples of its kidney...

Change is coming with new Canadian Patent Rules/amended Patent Act

New Canadian Patent Rules (Rules) and amendments to the Canadian Patent Act (the Act) will come into force on October 30, 2019. This Update...

Canada takes major steps toward enhanced biosimilar access

Over the last month, the Canadian Agency for Drugs and Technologies in Health and the Government of British Columbia have taken significant steps to...

The first steps taken at the Canadian pharmaceutical patent dance

J Bradley White and Nathaniel Lipkus of Osler analyse the changes introduced by the amendments to the PMNOC Regulations.

Welcome to the Canadian pharmaceutical patent dance

For nearly 25 years, Canada’s Patented Medicines (Notice of Compliance) Regulations have been the cornerstone of pharmaceutical patent litigation...

Canada’s patent linkage regulations get long-awaited makeover

On July 15, 2017, the Government of Canada proposed major amendments to the Patented Medicines (Notice of Compliance) Regulations, the patent linkage...