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Industry Sectors

Pharmaceutical

Ridout & Maybee LLP is a leading Canadian intellectual property law firm serving the pharmaceutical sector.

We represent top Canadian and international pharmaceutical clients, from start-ups to Fortune 100 companies, as well as universities, government agencies, and industrial associations.

Our professionals have degrees and decades of experience in chemistry, chemical engineering, molecular biology and genetics, nanotechnology engineering, medical and health physics, cellular and molecular medicine, biomedical engineering, biomechanics, biochemistry, biology, and plant agriculture. They have “boots on the ground” experience in “big pharma” and in custom pharmaceutical manufacturing. Our professionals are peer-reviewed, published authors in many of these fields.

We manage global patent portfolios for our clients and understand the nuances of obtaining and optimizing patent protection in subject matter fields with jurisdiction-specific rules – for example, crystal forms, isomers, methods of medical treatment, antibodies, large pharmaceutical genus claims, selection patents, and diagnostic methods and instruments.

We have patent drafting and prosecution experience in a wide variety of subject matter, including:

  • New chemical entities and their therapeutic use in a wide variety of disease indications
  • Vaccines and vaccine formulations
  • Antibodies and their use
  • Receptor ligands
  • Antibiotics and disinfectant formulations
  • Opioids
  • Fentanyl formulations and administration methods
  • Cannabinoid formulations and administration methods
  • Liposomal encapsulation technologies
  • Nanoencapsulation technologies
  • Novel manufacturing processes for complex pharmaceutical active ingredients
  • Novel second medical uses for generic vitamins
  • Excipients and binders
  • Natural product-based therapies
  • Crystal forms
  • Isomers
  • Purification techniques
  • Dosage forms
  • Dosage ranges
  • Aptamer screening technologies and novel therapeutic aptamers

Because of our unique firm culture, we are able to deploy partner-level professionals with decades of industry-specific experience to provide experienced guidance to start-up and early stage companies in these fields as they mature into emerging and high growth companies. We are also able to provide sophisticated and nuanced Canadian filing and claim strategy to international pharmaceutical companies looking to maximize their rights in Canada.

In addition to our extensive experience drafting and prosecuting patents, we excel in providing the following related services to clients in this space:

  • Freedom to operate opinions and clearances;
  • Infringement and validity opinions;
  • IP due diligence and guidance to investors, including venture capital investors as well as government-based investors;
  • Licensing of intellectual property assets, including region-specific licensing;
  • Advice and representation under the Patented Medicines (Notice of Compliance) Regulations (PMNOC), including preparation of Notices of Allegation and Patent Register listings.

Have a question for a professional in our pharmaceutical group? See which members of our team can help you get started.

Our People

Kazim Agha

Patent Agent - Partner

Toronto

Charles Boulakia

Lawyer, Patent & Trademark Agent - Partner

Toronto

Mitchell Charness

Lawyer, Patent & Trademark Agent - Partner*

Ottawa

Giselle Chin

Lawyer, Patent Agent - Associate

Burlington

David Heller

Lawyer, Patent & Trademark Agent - Partner*

Toronto

Ken Ma

Lawyer, Patent Agent - Associate

Ottawa

Benjamin Mak

Lawyer, Patent & Trademark Agent - Partner

Toronto

Recent IP & Firm News

Functional Pharma Claim Flawed, Finds Federal Court of Canada

In the U.S., section 2173.05(g) of MPEP defines a functional limitation as an attempt to define something by what it does, rather than by what it is.

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Health Canada Opens Pathway for Approval of Bio-similar Drugs

Canada has joined Europe, Japan and several other jurisdictions in providing an administrative pathway for approval of “bio-similar” drugs.

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Without Clear Evidence of its Confidential Nature, Drug Data can be Released Under Access to Information Rules

In Canada, as elsewhere, pharmaceutical companies must submit voluminous information to the Federal government (Health Canada) for approval of a new drug.

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Supreme Court of Canada takes on selection patents; clarifies the law of anticipation and obviousness for all patents: A win for patentees? – Sanofi v. Apotex, 2008 SCC 61

On November 6, 2008, selection patents were upheld by a unanimous Supreme Court of Canada. A selection patent is based on a selection of chemical compounds (including pharmaceuticals) from an originating (or genus) patent that describes a class of compounds or reactions in general terms.

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IP Law 360 – Plavix: A Significant Decision for Patent Holders

In a significant decision, the Supreme Court of Canada (Apotex Inc. v. Sanofi-Synthelabo Canada et al (2008 SCC 61)) upheld pharmaceutical selection patents but defined potentially more stringent tests for anticipation and obviousness.

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Amendment to Canada’s Drug Patent Rules Closes a Loophole

A recent amendment to Canada’s drug patent “linkage” rules removes a risk faced by originator drug companies that their patents on the Patent Register could be summarily “de-listed”.

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