Plavix: A Significant Decision For Patent Holders

Law360, New York (November 18, 2008, 12:00 AM EST) -- In a significant decision, the Supreme Court of Canada (Apotex Inc. v. Sanofi-Synthelabo Canada et al (2008 SCC 61)) upheld pharmaceutical selection patents but defined potentially more stringent tests for anticipation and obviousness.

The decision has given pharmaceutical companies reason to breath a cautious sigh of relief, although there was actually little doubt that selection patents as a concept would be upheld.

However, the Court also signaled a shift in Canada's approach to obviousness which brings Canada into closer alignment with the more flexible (and usually...
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