[A2k] Selection Patents Upheld by Supreme Court of Canada

[Jeremy de Beer]

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Today the Supreme Court of Canada released its decision in Apotex Inc.
v. Sanofi-Synthelabo Canada Inc., 2008 SCC 61, which upheld the
validity of Sanofi's selection patent over the anti-coagulant marketed
as Plavix.

There are many important issues addressed in this case, but note
particularly the Court's finding that " ... Evergreening is a
legitimate concern and, depending on the circumstances, strategies
that attempt to extend the time limit of exclusivity of a patent may
be contrary to the objectives of the Patent Act ... However, a
generalized concern about evergreening is not a justification for an
attack on the doctrine of selection patents ... " The Court also
refused to invalidate this selection patent on the grounds of
anticipation or obviousness.

Court summary and full decision at http://scc.lexum.umontreal.ca/en/2008/20=
08scc61/2008scc61.html

*****

Jeremy de Beer

Associate Professor | Professeur agr=E9g=E9
Faculty of Law | Facult=E9 de droit
University of Ottawa | Universit=E9 d'Ottawa
57 Louis Pasteur Street, Ottawa, ON, CAN, K1N 6N5

T. 613.562.5800 x.3169 | M. 613.263.9155 | F. 613.562.5124

jeremy.debeer@uottawa.ca | http://www.jeremydebeer.ca/