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

Abstract

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

Suggested Citation

Reichman, Jerome H., Compliance of Canada's Utility Doctrine with International Minimum Standards of Patent Protection (October 27, 2014). Proceedings, 108th Annual Meeting American Society of International Law, 2014, Available at SSRN: https://ssrn.com/abstract=2517456

Jerome H. Reichman (Contact Author)

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States

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