In the past year, Canadian courts have issued a number of important decisions that have broad implications for pharmaceutical patents. The most significant of these may well be the Supreme Court of Canada’s landmark ruling in Sanofi-Synthelabo Canada Inc. v. Apotex Inc. In Sanofi, the court confirmed the legality of so-called selection patents and revamped the legal test for anticipation and obviousness. By doing so, the court aligned Canadian law more closely with the laws of both the United States and the United Kingdom. The bottom line is that the uniquely Canadian approach outlined by the court suggests that pharmaceutical patents will now be afforded greater protection in Canada, while further research into old discoveries will be rewarded if that research produces new inventions.
Fresh look at Selection Patents
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