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Canadian Court of Appeal has Something to Say on Obviousness: Critical of Rigid Tests and Using a Solution-Based Identification of the Inventive Concept that Excludes Serendipitous Discoveries Means Atazanavir Salt Obvious

Canada - May 8 2017 The Federal Court of Appeal ("FCA") recently affirmed a Federal Court ("FC") finding that an antiviral salt was obvious, although based on different...

Paula Bremner.


Double Patenting: A Tale of Three Dates

Canada - April 20 2017 In Canada, double patenting can be a difficult hurdle to overcome; the claims of a later-issued patent must be “non-coterminous” and “patentably...

Erica Lowthers.


Canadian Federal Budget 2017 - Implications for Science and Innovation

Canada - March 23 2017 The latest Federal Budget was introduced in Canadian parliament on March 22, 2017, with a focus on, among other things, science and innovation...


NAFTA Tribunal Finds Promise Doctrine Founded in 35 Plus Years of Canadian Jurisprudence - Not a Dramatic Change in the Requirements for Patent Utility

Canada - March 23 2017 Eli Lilly's arguably last ditch attempt to challenge the Canadian courts' invalidation of two Canadian patents relating to the drugs...

Paula Bremner.


Government of Canada Successful in Eli Lilly NAFTA Patent Arbitration

Canada - March 20 2017 The NAFTA Arbitration Tribunal in the Eli Lilly "Promise of the Patent" doctrine proceeding has issued a ruling, and it appears that the result is...