Purdue Pharma v. Canada (Minister of Health)


The Court of Appeal upheld the decision of the hearings judge (summarized here) refusing to list a patent on the patent register.

The Court of Appeal held that the product specificity requirements of the NOC Regulations require matching between the claim for the dosage form and the dosage form that has been approved through the issuance of a notice of compliance. Absent precise and specific matching, the patent is not eligible for listing on the Patent Register.