Patentability of Methods of Medical Treatment in Canada

As the Supreme Court is set to hear Pharmascience v. Janssen, I examine the history surrounding patent rights to methods of medical treatment.

The Canadian Courts have long grappled with whether methods of medical treatment are patentable in Canada.

In this video, I explain the historical reasoning behind this concept, and discuss:

• The issues at the Supreme Court of Canada hearing that may clarify the law in this area.

• The history behind the SCC’s Tennessee Eastman decision.

• The difficulty in applying the Patent Act’s definition of “vendible product” to methods of medical treatment.

This publication is a general discussion of certain legal and related developments and should not be relied upon as legal advice. If you require legal advice, we would be pleased to discuss the issues in this publication with you, in the context of your particular circumstances.

For permission to republish this or any other publication, contact Yael Mansour.

© 2025 by Yael Mansour Professional Corporation operating at Cura Law™.

All rights reserved.