Intellectual property in Canada

Patent protection for life sciences in Canada is governed by the Patent Act.  The Canadian Intellectual Property Office (CIPO) oversees the system.

Canada participates in the Patent Cooperation Treaty. 
   

Certain things are not patentable in Canada under Section 27(1) of the Patent Act:

• Scientific theories and mathematical models.
• Methods of medical treatment (e.g., a specific medical procedure).
• Plants and animals in certain cases, though biotechnological inventions related to genetic modifications of plants and animals can be patented.
• Abstract ideas, natural phenomena, and laws of nature are not eligible
• There is 8 years of data exclusivity for new drugs (6 years of market exclusivity + 2 additional years of data protection for certain products).
• This protects the clinical trial data submitted to Health Canada for drug approval, preventing others from using this data to obtain approval for a generic version of the drug during that period.

• Canada 's equivalent to Patent Term Extension in the U.S. and Supplementary Protection Certificates in many other countries is the "Certificate of Supplementary Progection" ("CSP")
• One additional requirement unique to Canadian law is that, for a drug to be eligible for a CSP, a Canadian New Drug Submission (NDS) must have been filed within 12 months of the earliest corresponding filing on the same drug in the US, the European Union or any of its member countries, the UK, Switzerland, Australia, or Japan. 
  
• A well-developed  patent strategy is important in life sciences, considering factors such as patent term, possible market exclusivity, and the value of the patent in commercial negotiations and licensing deals.