Proposed Amendments to the PM(NOC) Regulations

Proposed amendments to the PM(NOC) Regulations and the corresponding Regulatory Analysis Impact Statement were published in Part I to the Canada Gazette on April 26, 2008. Given that the proposed amendments are intended to reaffirm the intended effect of the 2006 amendments, the public has a shorter than average 15 day public comment period.

The revisions appear to be in response to the decision in Ratiopharm Inc. v. Wyeth and Wyeth Canada, 2007 FCA 264, in which the Federal Court of Appeal reversed its own previous ruling in coming to the view that there must be relevance between the invention claimed in the patent and the change to the drug effected by the SNDS. The amendments seek inter alia to prevent courts for dismissing applications in whole or in part solely on the basis that a patent on a patent list that was submitted prior to June 17, 2006 is not eligible for inclusion on the register.

Supreme Court of Canda dismisses Eli Lilly leave to appeal in olanzapine case

In a judgment released yesterday, the Supreme Court of Canada dismissed Eli Lilly's appeal of the Federal Court of Appeal decision which dismissed the appeal of the Trial Court's decision not to issue a prohibition order against the Minister of Health from issuing a Notice of Compliance to Novopharm. Novopharm launched its generic olanzapine in October 2007.

The buzz at CIPO...

It seems that the Canadian Intellectual Property Office ("CIPO") has been abuzz with activity in the new year, most notably through a number of new initiatives:

• Section 45 and trade-mark opposition proceedings will apparently soon be online. The level of detail that will be provided is still unknown
• The implementation of the one year trial integrated Patent Prosecution Highway in conjunction with the USPTO
• Industrial Design tools and common objections will also be available online
• New guidelines for stakeholders and clients to provide comments prior to CIPO office or regulatory changes