Requesting Additions to the List of Eligible Products

Procedures
	Notifying the WTO
	Notifying the Government of Canada
	Requesting Additional Eligible Products

To request that the Government of Canada add a drug or medical device to the list of eligible products, the country, company or non-governmental organization making the request must proceed in the following manner:

1. Prepare a letter requesting that the Government of Canada add a drug or medical device to Schedule 1 of Canada's Patent Act.
   
   If the request is being made by a country, the letter should contain the information that was originally included in the country's notification to either the World Trade Organization (WTO) or the Government of Canada, depending on whether the country is
   • a Schedule 2 - least-developed country, as recognized by the United Nations, including those that are not members of the WTO;
   • a Schedule 3 - WTO member country that has not indicated whether it intends to take advantage of the WTO decision; or
   • a Schedule 4 - WTO member country that has indicated to the WTO that it will take advantage of the WTO decision in a public health emergency; or
   • a Schedule 4 - developing country that is not a member of the WTO and is on the Organization for Economic Co-operation and Development list of countries eligible for development assistance.

   Note: A country may request an addition to Schedule 1 before it makes its notification to the WTO or the Government of Canada. In this case, the letter should, as best as possible, include the information that would be required in its notification.

2. Address the letter to
   •  the Minister of Industry and
   •  the Minister of Health.
   
   The ministers may refer the letter of request to the Advisory Committee established to review additions to Schedule 1.