THE INTERPLAY OF DATA PROTECTION, PATENT REGISTER & PMPRB
IN PATENT PROSECUTION & MAINTENANCE DECISIONS IN CANADA
Patents directed to medicines, and in particular, innovative
drugs are impacted by a number of legislative regimes in Canada.
The impact of these regimes should be fully considered when
decisions are made with respect to obtaining and maintaining patent
rights in Canada.
A number of key questions need to be fully considered prior to
obtaining or maintaining patent protection relating to innovative
drugs in Canada are discussed below. These questions relate to the
Canadian patent regime, data protection provided under Canada's
Food and Drug Regulations, Canada's Patented Medicines Notice
of Compliance Regulations and the Health Canada's Patent
Register and the Patented Medicines Price Review Board. Only after
answering the questions below should decisions regarding Canadian
patent rights covering medicines be made.
