Author: Richard Cheung

Richard Cheung

About Richard Cheung

Richard Cheung is a member of the firm's Intellectual Property (IP) and Life Sciences Industry practice groups. A registered Patent Agent and Trade-mark Agent in Canada, Richard’s practice is focused on areas of IP law including patents, trademarks, copyright, industrial designs and trade secrets.

Draft Guidelines Published by the Patented Medicine Prices Review Board

The Patented Medicine Prices Review Board (the “Board”) recently published draft Guidelines to replace the current Compendium of Policies, Guidelines and Procedures, leading up to the coming into force of the amended Patented Medicines Regulations on July 1, 2020. The draft Guidelines are needed to facilitate the implementation of the upcoming changes to the Regulations, including: (i) the additional price regulatory factors for consideration by the Board when assessing whether the price of a patented medicine is excessive; (ii) updates to the schedule of comparator countries to be used by the Board for international price comparisons; and (iii) changes to reporting requirements for patentees. Interested parties can make written submissions to the Board on the draft guidelines during the consultation period, which ends on February 14, 2020.

For a more detailed review of the draft Guidelines, please refer to the Fasken bulletin PMPRB Publishes Draft Guidelines to Operationalize Amendments to the Patented Medicines Regulations authored by Ingrid VanderElst and Mark Vanderveken.

A Brave New Patent World

fasken patent law
Close up of engineering drawing with electric motor

The long-awaited date has arrived.  The amendments to Canada’s Patent Act and Rules, in order to implement Canada’s obligations under the Patent Law Treaty (PLT), come into effect today.  The PLT is intended to harmonize and streamline formal procedures for national and regional patent applications and patents in order to make them more user friendly.  Briefly, among other changes, the amendments will introduce: (i) shorter deadlines for certain actions; (ii) concepts of “third party rights”, “due care” and omissions being “unintentional”; (iii) notices for missed deadlines; (iv) simplified requirements in order to obtain a filing date; and (v) restoration of priority.  For a detailed overview of some of the most significant changes, please refer to our bulletin on The New Patent Rules.