Patents do not protect themselves.
Novo Nordisk, one of the largest pharmaceutical companies in the world, just reminded us all how true that is. The Danish drugmaker let its Canadian patent on semaglutide lapse over a missed maintenance fee. That lapse is now set to cost the company billions of dollars.
Semaglutide, better known by its brand names Ozempic and Wegovy, is the blockbuster drug driving massive profits for Novo. Yet, in Canada—its second-largest market for the drug—the company will soon lose its exclusive rights. Why? Because someone at Novo didn’t pay a $185 maintenance invoice in 2019. That small oversight killed the patent, and under Canadian law, once a patent dies, it cannot be revived.
Let that sink in.
What Novo Stands to Lose
Ozempic alone brought in about $2.5 billion in Canadian sales last year. That number is expected to grow. But now, competitors like Sandoz and Apotex are lined up and ready to launch generic semaglutide in January 2026. The reason they have to wait is that Canada has a “data exclusivity” rule that prevents competitors from copying a drug until eight years after it is approved by the government. With Canadian prices for the drug expected to drop as much as 80% next year, Novo’s market share—and profit margin—are about to take a serious hit.
Worse still, Novo had even filed for a certificate of supplementary protection (CSP) to extend its exclusivity in Canada until 2028. But here is the kicker: a CSP is only valid if the underlying patent is still in force. Since the patent lapsed in 2020, Novo’s CSP is worthless.
What This Means for Your Business
If a billion-dollar company with global IP teams and top-tier legal counsel can let something like this slip, what does that mean for smaller companies?
It means the consequences of neglecting your patents could be even more severe. Here is what you need to know:
1. Maintenance Fees Are Not Optional
Every country has its own rules for keeping patents alive. These usually involve periodic payments. Miss one, and your patent rights can evaporate—sometimes permanently.
2. Once a Patent Is Gone, It Is Gone
In many jurisdictions, like Canada, there is no do-over. If you miss the fee and the grace period runs out, the patent cannot be reinstated.
3. Even Small Fees Can Have Big Consequences
In Novo’s case, the missed fee was less than $200. Now they’re staring down the barrel of billions in lost revenue.
4. Competitors Are Always Watching
Generic drug makers like Sandoz make a business out of waiting for opportunities like this. The moment your protection lapses, they will move in.
The Fix: Stay Proactive
Don’t make the mistake of thinking patent protection ends with the grant. That’s when your real responsibility begins. Here are a few tips:
- Work with a patent lawyer who tracks every deadline. Patent attorneys use specialized reliable docketing systems that track unusual patent fee deadlines to ensure no fees get missed.
- Audit your portfolio regularly. Make sure each patent still serves a business purpose and is properly maintained.
- Communicate with your patent lawyer. Especially if you operate in multiple countries. Each has its own rules, and the wrong assumption can cost you your rights. Most importantly, if your patent lawyer cannot get ahold of you to receive instructions regarding your patent portfolio, your valuable portfolio of patents will go abandoned.
Final Thoughts
The lesson here is simple: never treat your patents as “set it and forget it.” Whether you are a solo inventor or the head of a billion-dollar enterprise, your intellectual property is only as strong as your ability to protect it. And sometimes, protection just means making sure someone pays a small bill on time.
Because as Novo Nordisk learned the hard way, losing a patent doesn’t take a courtroom battle. Sometimes, all it takes is an overlooked invoice.
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