The Supreme Court of Canada Rejects the “Promise of the Patent” Doctrine, Clarifying Utility Requirements in Canadian Patent Law
In its decision dated June 30, 2017, the Supreme Court of Canada (SCC), allowed the appeal in AstraZeneca Canada Inc. vs. Apotex Inc. from the earlier decision of the Federal Court of Appeal, where AstraZeneca’s Patent No. 2,139,653 covering its blockbuster drug NEXIUM® (esomeprazole) was invalidated for failing to fulfill its inferred “promise” to provide “improved pharmacokinetic and metabolic properties which would give an improved therapeutic profile such as a lower degree of interindividual variation.” The promise doctrine had developed at the Federal Court level over the past few decades and had increasingly become a weapon of choice for generic pharmaceutical companies in efforts toRead More →