Patented Medicines (Notice of Compliance) Regulations

3.1 (1) The Minister shall not delete from the register a patent on a patent list that was submitted before June 17, 2006, unless

• (a) the patent has expired;

• (b) a court has, under subsection 60(1) of the Patent Act, declared that the patent is invalid or void;

• (c) the identification number assigned to the drug in respect of which the patent is listed is cancelled under paragraph C.01.014.6(1)(a) of the Food and Drug Regulations; or

• (d) the patent is found, under paragraph 6(5)(a), not to be eligible for inclusion on the register.

(2) The Minister shall not refuse to add to the register a patent on a patent list that was submitted before June 17, 2006 solely on the basis that the patent is not relevant to the submission for a notice of compliance to which the patent list relates.