The applicant brought a judicial review proceeding of a decision of the Minister refusing to list its patent on the Patent Register in respect of its medicine. The decision that led to this judicial review was governed by the NOC Regulations in force prior to the amendments that came into effect in October 2006.

The patent claimed tablets and dosage forms that could be used in the administration of the medicine. However, the Minister held that this was not a claim to the medicine itself or the use of the medicine. The Court upheld the Minister's decision.

The Court held that the main thrust of the patent was a tablet that possessed the means of delivering an active ingredient. Thus, it does not claim the medicine itself or the use of the medicine.

The full text of the decision can be found at:

http://decisions.fct-cf.gc.ca/en/2007/2007fc729/2007fc729.html