Vol. 140, No. 23 November 15, 2006
Erratum:
Canada Gazette, Part II, Vol. 140, No. 21, October 18, 2006
SOR/2006-242
PATENT ACT
Regulations Amending the Patented Medicines (Notice of Compliance) Regulations
On page 1503,
In subsection 1(3) in the definitions
"claim for the dosage form" at the last line
delete: of formulation;
and replace by: or formulation;
"claim for the medicinal ingredient" at the end of the sixth line
delete: ingredient but does not include different chemical form of the medicinal ingredient;
and replace by: ingredient, but does not include different chemical forms of the medicinal ingredient;
On page 1506,
In subsection (6) in the second line
delete: submission or supplement
and replace by: submission or a supplement
Delete paragraph 5(1)(a)
and replace by: (a) state that the second person accepts that the notice of compliance will not issue until the patent expires; or
On page 1507,
In subsection (2) third line
delete: change to the formulation,
and replace by: change in formulation,
In paragraph (2)(b)
delete: subparagraph (iv)
and replace by: (iv) no claim for the medicinal ingredient, no claim for the formulation, no claim for the dosage form and no claim for the use of the medicinal ingredient would be infringed by the second person making, constructing, using or selling the drug for which the supplement is filed.
Delete subsection (3)
and replace by: (3) A second person who makes an allegation under paragraph (1)(b) or (2)(b) shall
In subsection (5) at the seventh line
delete: the day the first notice
and replace by: the day on which the first notice
On page 1508,
At subsection 6(1)
delete the end of the fourth line: the subject notice of allegation.
and replace by: the subject of the notice of allegation.
In the middle of the page at subsection (6) third line
delete: 5(2)(b)(iv)
and replace by: (2)(b)(iv)
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