Eli Lilly has filed a “Notice of Intent” to challenge the ‘promise doctrine’ in Canadian patent law through NAFTA. The focus of the statement is on the law of the ‘promise’ of a patent in determining patent validity whether it complies with Canada’s obligations under TRIPs and NAFTA.
Tag Archives: Patents
Federal Court of Appeal on Inventive Concept
In a decision released Friday, the Federal Court of Appeal held that inventive concept is a question of law and application judges should look to determinations of inventive concept made in prior proceedings.
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Supreme Court on Viagra
In a decision released today, the Supreme Court of Canada found Pfizer’s patent on sildenafil to be invalid for having an insufficient disclosure contrary to s.27(3) of the Patent Act.
Quantum Judgment
Last week, Justice Snider issued judgment for over $215 million in the Apotex v. Sanofi-Aventis ramipril proceeding under Section 8 of the Patented Medicine (Notice of Compliance) Regulations. After issuing reasons last May, the parties were directed to jointly calculate the quantum and judgment was issued based on this calculation.
Final Action Practice
The Canadian Patent Office has posted proposed revisions to the Manual of Patent Office Practice (MOPOP) chapter relating to Final Action Practice. The proposed changes relate to the proposed amendments to the Patent Rules on Final Actions published last week.
Patent exhaustion
The United States Supreme Court has granted certiorari in Bowman v. Monsanto Co on the application of patent exhaustion to second generation self-replicating genetically modified seeds.
Proposed changes to final action patent practice
Proposed changes to the Patent Rules were published in the Canada Gazette relating to the handling of patent applications after a “Final Action”. The proposed changes include permitting a review of the entire application and allowing the application without returning it to the examiner from the Patent Appeal Board.
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Proposed changes to Patent and Trade-mark Agent Examinations
Proposed regulations were published in the Canada Gazette relating to the patent agent and trade-mark agent examinations. The proposed changes include requiring lawyers to write the trademark agent exam to become agents and introducing more flexibility for running the patent agent exam.
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CIPO extends PPH
CIPO announced today that it is extending the Patent Prosecution Highway (PPH) arrangements with Finland, Germany and Spain until at least September 2014.
AIA Rules
New rules for U.S. patent prosecution came into force yesterday as part of implementation of the America Invents Act. The new rules relate to inventor oath and declarations, supplemental examination, inter parte review, post grant review and covered business method patents.