PATENTS |
Practice |
GlaxoSmithKline Inc. v. Canada (Attorney General)
T-834-04
2004 FC 1725, von Finckenstein J.
10/12/04
14 pp.
Judicial review of Minister of Health's decision applicant's 479 and 393 patents not eligible for inclusion on patent register with regard to drug "Paxil CR"--Requirements for inclusion on register set out in Patented Medicines (Notice of Compliance) Regulations, s. 4--Construction of both patents revealing they deal with processes for controlled release of active substances--Regulations, s. 4(2)(b) requiring patent to be listed contain claim for medicine itself--Patents at issue here containing no such claim--They refer to "active substances", not medicine itself--Case law making it clear patents which can be registered must have claim involving medicine in question in patent--Application dismissed-- Patented Medicines (Notice of Compliance) Regulations, SOR/93-133, s. 4 (as am. by SOR/98-166, s. 3).