First Certificates of Supplementary Protection Granted

On September 21, 2017, the Certificate of Supplementary Protection Regulations (CSP Regulations) came into force in Canada.  The CSP Regulations established a mechanism for drug manufacturers to obtain patent term extensions to account for marketing delays arising from the regulatory review time of a drug, up to a maximum of 2 years.

The first CSPs have now been granted under the CSP Regulations.  A CSP has been granted to Merck Canada Inc., in relation to its PREVYMIS (letermovir) drug and Canadian Patent No. 2,524,069 (CPS No. 900007).  Pfizer Canada Inc. has been granted a CSP in relation to its TRUMENBA (neisseria meningitidis grp b recombinant lipoprotein 2086 subfamily a / neisseria meningitidis grp b recombinant lipoprotein 2086 subfamily b) drug and Canadian Patent No. 2,463,476 (CPS No. 900002). 

In both incidences, the drug manufacturers were granted the maximum extension period of 2 years.

These CSPs are listed on Health Canada’s new Register of Certificates of Supplementary Protection and Applications, along with a number of pending CSP applications.  The granted CSPs have also been listed on the Patent Register against Merck and Pfizer’s PREVYMIS and TRUMENBA drugs, respectively. 

Summary By:  Michael Migus