Industry Canada has indicated that changes will be made to the Patented Medicine (Notice of Compliance) Regulations relating to the listing of patents on the Patent Register claiming single medicinal ingredients found in combination drugs.
The notice on the Industry Canada website states in part:
The Patent Medicines (Notice of Compliance) Regulations will be amended to address the exclusion of certain pharmaceutical patents from Health Canada’s Patent Register following recent Federal Court and Federal Court of Appeal decisions relating to patents claiming single medicinal ingredients found in combination drugs. A strict interpretation of these decisions could mean that Health Canada must change its practice in respect of listing of certain patents onto the register.
The proposed amendments would confirm established Health Canada practices in relation to the policy intent of the NOC Regulations and clarify the listing requirements as they relate to single medicinal ingredients found in combination drugs.
[Update March 30, 2015: The notice has been updated to indicate that the proposed changes will likely be published in the Canada Gazette in 2015.]