Keldeagh Lindsay is a J.D. candidate at Osgoode Hall and is taking the Patent Law course. “In our system of patent law, the identity of the inventor is, for the most part, overshadowed by the issue of invention.” (Apotex v. Wellcome [2001] 1 F.C. 495, at para. 27) The Patent Act does not define “inventorship”, […]
Patrick Hui is a J.D. candidate at Osgoode Hall and is taking the Patent Law course. Innovator companies have long founded their business plans on the search for blockbuster drugs. Blockbuster drugs are products that generate more than $1 billion in annual revenue for pharmaceutical companies and are the lifeline of these businesses. By allocating […]
Ron A. Bouchard is an Associate Professor in the Faculties of Medicine & Dentistry and Law, University of Alberta. Professor Bouchard has a new article available on SSRN and describes it below. One of the most strongly contested aspects of pharmaceutical policy concerns the role of intellectual property rights in providing economic incentives to firms […]
Nathan Fan is a JD candidate at Osgoode Hall Law School. The EPO’s Enlarged Board of Appeal recently ruled that Swiss-type claims are no longer patentable in the EU, resolving the long-standing question while putting Abbott Respiratory’s patent application case to rest. However, the Enlarged Board’s decision also held that new dosage regimes for an […]
Darren Hall is a J.D. candidate at Osgoode Hall and is taking the Patent Law course. Addressing the question of whether a prior use will anticipate an invention if that prior use was previously unacknowledged, known as the doctrine of Inherent Anticipation, has been a struggle for Canadian courts.
Alex Gloor is a JD candidate at Osgoode Hall Law School and is taking the Patent Law course. The world of patent law has certainly been excited since the Febuary 12th decision of Ex Parte Pfizer made by a U.S. Patent and Trademark Office panel. In this case, the broadest claim within Pfizer's 2002 "Viagra […]
Ankur Bhatt is a J.D. candidate (2011) at Osgoode Hall and is taking the Patent Law course. On November 23 of last year, the Federal Court of Canada released its decision in the case of Lundbeck v. ratiopharm, 2009 FC 1102 (“Lundbeck”), wherein a drug patent was considered to be invalid on the basis, inter […]
Nigel D'Souza is a JD Candidate at Osgoode Hall Law School. I have finally returned home to Toronto after spending three difficult months in India. I have travelled to India before but never during the summer. Unfortunately, there was a drought during my stay in Delhi, with temperatures hovering around fifty degrees celsius on a […]
Nirav Bhatt is an LLM candidate at Osgoode Hall Law School. According to a report, AIDS, which is caused due to Human immunodeficiency virus (HIV) killed more than 25 million people worldwide from 1981 to 2006. Already, over six million people with HIV/AIDS are dying because they have no access to lifesaving medicines. The current […]
The U.S. Court of Appeals for the Federal Circuit recently ended much of the controversy surrounding product-by-process claims in Abbott Laboratories v. Sandoz, Inc., but arguably created a new debate in the intellectual property world. The court overruled an earlier panel decision from Scripps Clinic & Research Foundation v. Genetech, Inc., instead following the precedent […]