TORONTO, July 30, 2026 – The Canadian Generic Pharmaceutical Association (CGPA) welcomes the Supreme Court of Canada’s ruling in Pharmascience Inc. v. Janssen Inc., which preserves the long-standing legal doctrine that methods of medical treatment (MMTs) cannot be patented in Canada.
As an active intervener in this matter, CGPA advocated for the protection of healthcare providers’ clinical autonomy and the prevention of patent evergreening that drive up drug costs for Canadians. The Supreme Court’s 7-2 majority decision upheld the prohibition on patenting methods of medical treatment that has existed in this country for more than 50 years, ensuring that professional medical skill and judgment are shielded from patent monopolies.
“This ruling is a win that supports the sustainability of Canada’s healthcare system and patient access to cost-saving generic and biosimilar medicines,” said Jim Keon, President of CGPA. “By affirming that methods of medical treatment are not patentable, the Supreme Court has preserved physicians’ freedom to exercise their clinical judgment without interference from patent monopolies and has taken a stand against patent evergreening tactics that delay the entry of more affordable generic and biosimilar medicines.”
In its submissions to the Court, CGPA highlighted that expanding patentability to cover clinical treatment decisions and MMTs would unfairly restrict patient care and create significant economic burdens. The Supreme Court’s confirmation that the exclusion remains in place maintains a necessary balance between incentivizing genuine pharmaceutical innovation and protecting the public interest.
For generic and biosimilar medicine manufacturers, the Supreme Court’s decision provides increased regulatory certainty and protects product launch timelines. Preserving the exclusion of MMTs prevents originator drug companies from using late-stage, secondary patents on clinical use methods to artificially extend their monopolies. Generic and biosimilar manufacturers can more confidently invest in developing new products for the Canadian market, knowing that the pathway to market will not be blocked by patents attempting to monopolize how a drug is administered by physicians.
The decision also carries economic benefits for public drug plans, taxpayers, employer-sponsored private health plans, and consumers who pay for their medications out-of-pocket. The ruling supports more timely generic and biosimilar drug competition, helping to keep drug insurance premiums manageable and provincial healthcare budgets sustainable. It also helps to sustain the cycle of pharmaceutical innovation by generating the savings needed to support patient access to new innovative therapies.
CGPA remains committed to working with stakeholders and all levels of government to remove barriers to accessible, cost-effective generic and biosimilar medicines.