CANADA

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Pharmaceutical
Patent - Extension of Term Provisions Patent Term
20 years from date of filing
Pharmaceutical Patent Extension?
No.
Bolar Provision
Yes. Patents Act, Article 55.2(2)
It is not an infringement of a patent for any person who makes, constructs, uses or sells
a patented invention in accordance with subsection (1) to make, construct or use the
invention, during the applicable period provided for by the regulations, for the
manufacture and storage of articles intended for sale after the date on which the term of
the patent expires.
References
http://www.cptech.org/ip/health/research/legislation.html
http://www.derwent.com/patentguides/gpe/ca_april.htm
http://laws.justice.gc.ca/en/P-4/index.html
Prepared for IP Organisers by Dr Grace Chan, Phillips
Ormonde & Fitzpatrick - October 2002. |