PATENTS |
Novartis Pharmaceuticals Canada Inc. v. Canada (Minister of Health)
T-193-01
2002 FCT 1042, MacKay J.
7/10/02
10 pp.
Judicial review of Minister of Health's decision to remove applicant's Canadian Patents 1183085 (085) and 1300021 (021) relating to "Estracomb" patches from Patent Register --Patent Register established under Patented Medicines (Notice of Compliance) Regulations--NOC Regulations amended in 1998--Pursuant to audit of Register, Minister concluding that although "Estracomb" patch formulations may be drug and not medical device under Food and Drug Regulations, patches not medicine or use of medicine under NOC Regulations--Application for judicial review dismissed - 085 patent expired, only 021 at issue--021 patent issued in relation to system for administration of substances, not in relation to substances themselves--Subject-matter of '021 patent not analogous to subject-matter of 963 patent in Hoffman-La Roche Ltd. v. Canada (Minister of National Health and Welfare) (1995), 62 C.P.R. (3d) 58 (F.C.T.D.) relating to composition of substances in container--Rather analogous to subject-matter of 917 patent in Glaxo Group Ltd. v. Novopharm Ltd. (1998), 79 C.P.R. (3d) 488 (F.C.T.D.); (1999), 87 C.P.R. (3d) 525 (F.C.A.); leave to appeal to Supreme Court of Canada dismissed, [1999] S.C.C.A. No. 391 relating to device for administering medicaments--Minister not erring--Basis of Minister's decision not that patch was device--While patch may be considered medicine by Patented Medicine Prices Review Board, patent not claiming medicine or use of medicine as required under distinct regime of NOC Regulations--Patented Medicines (Notice of Compliance) Regulations, SOR/93-133.