The price tests will be applied to patented products sold from that date; however, patentees should be mindful of the fact that, while the new guidelines address the pricing tests, they do not specifically set out reporting requirements.
The scope of the information that patentees are required to report to the PMPRB has been the subject of debate for the past few years, culminating in the Board Communiqué of 18 August 2008, which stated that the previous Board policy of allowing patentees some discretion in the inclusion or exclusion of benefits in the calculation of average price would be replaced by an obligation to report all such benefits including those to third parties.
This article first appeared in IP Review, Issue 28
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