In its decision released today in Pharmascience Inc. v. Janssen Inc., 2026 SCC 26, a majority of the Supreme Court of Canada upheld the lower court decisions finding that methods of medical treatment are unpatentable subject matter but the dosage regime at issue patentable. Continue reading Patentable Subject Matter
All posts by Alan Macek
Patentable Subject Matter
The Supreme Court of Canada announced that it will deliver its decision in Pharmascience Inc. v. Janssen Inc. relating to the patentability of methods of medical treatment at 9:45 a.m. ET on Friday, July 17, 2026.
Federal Court of Appeal
The Federal Court of Appeal has published an updated Consolidated Practice Direction. Amendments include changes on deadlines for filing fees, electronic signatures, informal motions, Rule 74 review of all new originating documents and consolidations. It takes effect today. The Consolidated Practice Direction was published in 2023 and previously updated in September 2024 and July 2025.
Federal Court
The Honourable Justice Diner has been appointed Chief Justice of the Federal Court. His appointment comes after Acting Chief Justice Honourable Martine St-Louis held the role since the Honourable Justice Paul Crampton retired in October 2025.
Summary Judgment/Trial
The Federal court has issued an updated practice notice addressing the procedures and substance of motions for summary judgments and summary trials, including early notice to the CMJ, suitable issues for determination, and resolution of scheduling and hearing issues. The guidance is found at paragraphs 48 to 57 of the consolidated Case and Trial Management Guidelines and is effective as of today.
New Privacy Bill
Bill C-36, “An Act to enact the Protecting Privacy and Consumer Data Act, to amend the Personal Information Protection and Electronic Documents Act and to make amendments to other Acts” was introduced today to replace the privacy provisions of PIPEDA. The new Digital Safety Commission (from Bill C-34) would replace the Privacy Commisioner for enforcement. It includes provisions directed to consent (implied/explicit), de-identification/ anonymization, “automated decision systems”, scraping email addresses, and a requirement to delete personal information upon request. Continue reading New Privacy Bill
Digital Safety
The government has introduced Bill C-34, the Safe Social Media Act, directed to “social media services” and artificial intelligence “chatbot services” and potential harms to children, as well as a “Digital Safety Commission”. Continue reading Digital Safety
AI Strategy
The government has released its National Artificial Intelligence Strategy: “Trust makes adoption possible. Opportunity and sovereignty ensure adoption creates benefits for Canadians now and in the future.” Six pillars are described as “protect Canadians from the risks and harms of AI”, “strengthen multinational partnerships with trusted allies”, “power shared prosperity through Canadian institutions and companies”, “empower Canadians to participate in and benefit from AI”, “support globally competitive Canadian champions”, “build sovereign Canadian AI foundations in compute, data, talent, and infrastructure”. However, there are no mentions of copyright, or other intellectual property, amendments.
Geographic Indicators
The government announced a public engagement on “how to strengthen and modernize Canada’s geographical indications regime under the Trademarks Act.” A focus is on Indigenous engagement and potential additional categories, such as traditional crafts and industrial products. The engagement extends from May 28 to August 27, 2026 Continue reading Geographic Indicators
Judges’ Dinner
The annual Federal Court Judges’ Dinner is always a highlight of the IP litigation calendar. I’m looking forward to reconnecting with friends and colleagues in Ottawa. Let me know if you will be attending as well.