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Judicial review of the Minister's decision on a patent listing date is dismissed as reasonable.
Bayer Inc. brought an application for judicial review of a decision by the Minister of Health regarding the listing date of its patent on the patent register.
Bayer argued the Minister unreasonably delayed listing the patent, which permitted Amgen Canada Inc. to file a submission for a generic version without addressing Bayer's patent.
Applying the unreasonableness standard, the Federal Court held that under the Patented Medicines (Notice of Compliance) Regulations, patents are added to the register only when the Minister determines they are eligible, not immediately upon submission.
Since the patent was added on the same day it was found eligible, there was no delay.
The application for judicial review was dismissed.
