PATENTS
Judicial review of Minister of Health’s decision not to list patents under Patented Medicines (Notice of Compliance) Regulations, s. 4—Whether patents at issue claiming medicine—Case law divided in this field between “formulation” approach, “device” cases—Here, patents containing claim for “delivery system”, not medicine—Scope of claims not depending on whether medicine formulated with delivery system or whether delivery system is mechanical, physical device separate from active ingredient—Application dismissed—Patented Medicines (Notice of Compliance) Regulations, SOR/93‑133, s. 4.
Procter & Gamble Pharmaceuticals Canada Inc. v. Canada (Minister of Health) (T‑114‑05, 2006 FC 411, Strayer D.J., judgment dated 30/3/06, 16 pp.)
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