Bayer Inc. v. Amgen Canada Inc.
OSIP reasonably interpreted the Regulations to mean a patent is added to the Patent Register as of the date the patent is found eligible and not the date of initial submission; subsection 5(4) therefore properly excluded the 315 Patent from Amgen's obligations because it was added after Amgen's NDS filing date; the Federal Court correctly applied the reasonableness standard and the appeal is dismissed.
Source excerpt
- Patented medicines (notice of compliance) regulations
- Patent register eligibility and timing
- Frozen register (s.5(4))
- Standard of review (reasonableness)
- Judicial review procedure