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Patented Medicines (Notice of Compliance) Regulations

Version of section 2 from 2006-03-22 to 2006-10-04:


 In these Regulations,

claim for the medicine itself

claim for the medicine itself includes a claim in the patent for the medicine itself when prepared or produced by the methods or processes of manufacture particularly described and claimed or by their obvious chemical equivalents; (revendication pour le médicament en soi)

claim for the use of the medicine

claim for the use of the medicine means a claim for the use of the medicine for the diagnosis, treatment, mitigation or prevention of a disease, disorder or abnormal physical state, or the symptoms thereof; (revendication pour l’utilisation du médicament)

court

court means the Federal Court of Canada or any other superior court of competent jurisdiction; (tribunal)

expire

expire means, in relation to a patent, expire, lapse or terminate by operation of law; (expiré)

first person

first person means the person referred to in subsection 4(1); (première personne)

medicine

medicine means a substance intended or capable of being used for the diagnosis, treatment, mitigation or prevention of a disease, disorder or abnormal physical state, or the symptoms thereof; (médicament)

Minister

Minister means the Minister of National Health and Welfare; (ministre)

notice of compliance

notice of compliance means a notice issued under section C.08.004 of the Food and Drug Regulations; (avis de conformité)

patent list

patent list means a list of all patents that is submitted pursuant to section 4; (liste de brevets)

register

register means the register maintained by the Minister under section 3. (registre)

second person

second person means the person referred to in subsection 5(1) or (1.1), as the case may be. (seconde personne)

  • SOR/98-166, s. 1
  • SOR/99-379, s. 1

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