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Supreme Court of Canada Holds Promise of Utility Doctrine Incongruent with Patent Act

Canada - July 3 2017 AstraZeneca applied for the 2,139,653 patent (“the ‘653 patent”) which claimed the optically pure salts of esomeprazole, a proton pump inhibitor used...

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 L. Lowthers, PhD.

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.