pharmaceuticals

Patentability of Methods of Medical Treatment: MMT Doctrine Affirmed in Janssen v Pharmascience, 2026 SCC 26

In Janssen v Pharmascience 2026 SCC 26 [Janssen], the Supreme Court of Canada (“SCC”) affirmed the methods of medical treatment (“MMT”) doctrine in patent law, confirming that MMTs are unpatentable subject matter in Canadian Law under s. 2 of the Patent Act, RSC, 1985, c P-4 [the Act]. Though this has been the state of the law for over 50 years, two judges disagreed on this point, arguing that since the repeal of s. 41(1) of the Act in 1993, there has been no statutory basis for a blanket prohibition on the patentability of MMTs.

APPEAL WATCH: If You Can’t Patent the Drug, Patent the Dosage

The Supreme Court of Canada (“SCC”) is set to review the patentability of dosage regimens for medical treatments. Last month, the SCC granted leave to appeal [41209] the Federal Court of Appeal (“FCA”) decision in Pharmascience Inc v Janssen Inc and Janssen Pharmaceutica NV, 2024 FCA 23 [FCA].

Merck Frosst Canada Ltd v Minister of Health – Part I

“Sunlight is said to be the best of disinfectants.” – Former U.S. Supreme Court Justice Louis Brandeis, in “What Publicity Can Do,” Harper’s Weekly, 1913. In an environment that views public accountability with a healthy dose of skepticism, Parliament has advanced the Access to Information Act (the “Act”) to foster government transparency. In the pharmaceutical […]