How Novo Nordisk’s Missed Patent Fee In Canada May Cost Billions — And What It Means For Your IP Strategy

In a cautionary tale for innovators and pharmaceutical giants alike, Novo Nordisk—a global leader in diabetes and weight-loss medications—has lost its Canadian patent protection for semaglutide, the active ingredient in its blockbuster drugs Ozempic and Wegovy. The reason? The company failed to pay a modest maintenance fee, estimated at between CAD $250 and $450.

While this oversight may seem inconsequential at first glance, the consequences are enormous. The Canadian market accounted for more than CAD $2.5 billion in retail sales for Ozempic alone last year. With the lapse of patent protection, generic drug manufacturers like Sandoz and Hikma are preparing to introduce lower-cost alternatives as early as 2026. Industry analysts predict that prices could fall by 50 to 80 percent, significantly cutting into Novo Nordisk’s market share and revenue.

At its core, this incident highlights a vital truth: intellectual property protection is not a “set it and forget it” endeavor. It requires vigilance, timely payments, strategic renewals, and an understanding of jurisdiction-specific rules that govern patent rights. In Canada, when a maintenance fee is missed and not rectified during the statutory grace period, the patent is considered expired and cannot be reinstated. In Novo Nordisk’s case, the opportunity to extend the patent term through supplemental protection is now permanently lost.

This event has sparked debate in the legal and pharmaceutical communities. Was it an administrative oversight? Or a calculated decision, given the patent was set to expire in 2026 anyway? If it was strategic, it remains unclear why the company would relinquish the ability to extend its exclusivity. Whatever the rationale, the outcome is the same: the loss of valuable exclusivity in one of the world’s most lucrative pharmaceutical markets.

From an IP management standpoint, this story should serve as a wake-up call for companies of all sizes. Whether you’re an independent inventor or a multinational firm, you need systems in place to track deadlines, monitor maintenance obligations, and ensure legal compliance. Failing to do so can result in the forfeiture of protections that took years and substantial investment to secure.

Our friends at The Patent Baron PLLC, we help our clients avoid these costly mistakes. Whether you’re protecting a new medical technology, a consumer product, or a software innovation, proactive IP management is essential, and working with an patent search lawyer can help you accomplish your goals . As the Novo Nordisk case illustrates, even the world’s biggest players can stumble. But with the right legal team, you don’t have to.