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Jun 30, 2017

Supreme Court of Canada decision: Patent Doctrine

The Supreme Court of Canada released the following decision:

AstraZeneca Canada Inc. v. Apotex Inc., 2017 SCC 36, File no. 36654

(Intellectual property — Patents — Medicines — Validity — Pharmaceutical patent invalidated for want of utility on basis of promise of patent doctrine — Whether doctrine is correct approach to determine whether invention has sufficient utility under s. 2  of Patent Act  — Whether drug for which pharmaceutical patent was granted is “useful” within meaning of s. 2  of Patent Act  at filing date — Patent Act, R.S.C. 1985, c. P‑4, s. 2  “invention”.)


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