Patent Term Extension Comes To Canada

As part of its obligations under the Canada-European Union Comprehensive Economic and Trade Agreement which came into force on September 21, 2017, Canada has introduced a patent term restoration regime for drugs containing a new medicinal ingredient, or a combination of new medicinal ingredients, through the implementation of Certificates of Supplementary Protection (CSPs). A CSP allows for a patent term extension of up to two years from the expiry date of a patent that meets the eligibility and timing requirements. There are also timing requirements with respect to the filing of the New Drug Submission in Canada for the relevant drug product if an application for an authorization for sale has been previously made in one or more specified countries. A CSP register is being maintained by the Minister of Health and can be found here.