Changes Sought in Canada's Patent Process

Sarah Staples / Genetic Engineering News v.21, n.6, 15mar01

Extended Patent Durations to Comply with WTO's International IP Agreement

Canadian Industry Minister Brian Tobin has proposed a bill to bring the country's Patent Act into compliance with the World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights.

The amendments will extend the term of certain "Old Act" patents (i.e., those filed before October 1, 1989), to 20 years from the date of filing. Previously, all patents had a term of protection of 17 years from the date of grant. Post-September 1989 filings already fall within the compliant term and will not be affected by the new legislation.

Government officials noted the decision will affect some 53,500 patents, and will extend protections to about 30 "commercially significant drugs" by an average of less than six months.

As far as domestic biopharmaceutical companies are concerned, a little change for the better is better than no change at all. "Canada is too small a market not to meet its international obligations," says Joyce Groote, president of BIOTECanada (Ottawa, ON). "We have to be vigilant to ensure Canada provides the environment needed to retain and attract industry, so that we remain competitive:"

Canada has yet to implement patent term extension provisions that are available in other countries, Groote notes, adding the present changes are "one more piece of what has to happen on an ongoing basis."