patents

APPEAL WATCH: If You Can’t Patent the Drug, Patent the Dosage

The Supreme Court of Canada (“SCC”) is set to review the patentability of dosage regimens for medical treatments. Last month, the SCC granted leave to appeal [41209] the Federal Court of Appeal (“FCA”) decision in Pharmascience Inc v Janssen Inc and Janssen Pharmaceutica NV, 2024 FCA 23 [FCA].

AstraZeneca Canada Inc. v Apotex Inc.: The Supreme Court Overturns the Promise Doctrine

Patents exist to reward inventors and to facilitate the fulsome disclosure of inventions to the public’s benefit. However, prospective patents must meet statutory requirements in order to be approved. As per the Patent Act, RSC, 1985, c P-4 [Patent Act], prospective inventions must demonstrate that they are “useful” in order to enjoy protection under the Act. Unquestionably, […]