On July 17, 2026, the Supreme Court of Canada confirmed that innovative pharmaceutical dosing regimens can constitute patentable subject matter, providing important guidance on applying the exception for methods of medical treatment under Canadian patent law.
In a unanimous decision, the Court confirmed the validity of Janssen’s patent for the INVEGA SUSTENNA™ dosing regimen and clarified that dosing regimens are not excluded from patentability merely because they involve the administration of a drug. The Court also established a principle-based framework for determining whether a claimed invention constitutes an unpatentable method of medical treatment.
This decision reinforces predictability in Canadian patent law, provides greater certainty to pharmaceutical companies and helps protect R&D investments in the life sciences sector.
A Fasken team composed of Julie Desrosiers, Alain Leclerc and Eliane Ellbogen represented Janssen before the Supreme Court of Canada, acting as co-counsel with Blakes LLP and Belmore LLP.
Jurisdiction
- Québec
