Compliance of Canada's Utility Doctrine with International Minimum Standards of Patent Protection
Proceedings, 108th Annual Meeting American Society of International Law, 2014
4 Pages Posted: 2 Nov 2014
Date Written: October 27, 2014
This article analyzes the Canadian court case of Eli Lilly v. Novopharm and the "utility" doctrine in Canada, and international standards of patent protection including TRIPS and NAFTA. The ‘‘promise of the patent’’ doctrine in Canada seeks to ensure that firms do not obtain a legal monopoly on the basis of speculative claims about increased utility — especially claims about therapeutic efficacy — that were unsubstantiated at the time of filing. Under this test, some of Eli Lilly’s patented pharmaceutical products have been invalidated retroactively.
Keywords: NAFTA, TRIPS, utility doctrine, patent law, intellectual property
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