Nathaniel Lipkus Nathaniel Lipkus

The impact of CAR T cell patenting on access to therapy in Canada

A recent U.S. court decision provided narrow patent scope for a basic CAR T therapy patent.

Federal Court of Appeal provides course correction on the interpretation of pharmaceutical certificates of supplementary protection

The Federal Court of Appeal’s latest decision affirms that the Minister of Health is afforded deference in setting CSP policy, provided the...

Canadian courts are interpreting supplementary pharmaceutical patent protection more broadly than their EU counterparts

In the first two Canadian Federal Court decisions to interpret the scope of CSPs, the Court ruled in favour of broad CSP protection where similar...

Choueifaty patent application found to possess patentable subject-matter

The Commissioner of Patents' recent finding provides insight on the application of CIPO’s practice guidance, which is intended to comply with the...

2020: A year of clarity for Canadian life sciences and software patents

Two industries in which patents play an undeniable strategic role are life sciences and software. Canada has historically been a strategic...

Canadian patent office issues guidance on computer-implemented and medical inventions following Choueifaty decision

The Canadian Intellectual Property Office (CIPO) has issued new guidance explaining how CIPO intends to apply the decision in Yves Choueifaty v...

Federal Court invalidates tadalafil dosage patent finding dose selection to be routine

The Federal Court has issued its decision in Eli Lilly Canada Inc. v. Mylan Pharmaceuticals ULC, 2020 FC 816, invalidating Eli Lilly’s patent,...

Federal Court clarifies Canadian approach to subject-matter eligibility for computer patents

In a recent decision, the Federal Court has rejected the Commissioner of Patents' “problem-solution” approach to claim construction when...

Canadian court interprets CETA drug patent extensions more broadly than EU equivalent

The Federal Court ruled in its first case to consider the Canadian supplementary protection scheme for patented pharmaceuticals in relation to a...