SCC Clarifies Areas of Challenge for Selection Patents

The Lawyers Weekly, p. 14, September 2010

2 Pages Posted: 1 Sep 2010

See all articles by Mark Perry

Mark Perry

University of New England - School of Law; University of Western Ontario - Faculty of Law; the University of Western ONtario ; The University of Auckland; University of New England

Date Written: September 3, 2010

Abstract

It has become common practice the chemical, biotechnology, and drug industries to file for a patent (the “genus” patent) when the inventors have a discernible group of materials and compounds that can do “something,” and which satisfies the requirements for utility, novelty and unobviousness, and then to continue working on those compounds in order to tease out best candidates with specific properties. In Apotex Inc. v. Sanofi-Synthelabo Canada Inc., [2008] S.C.J. No. 63, the innovator company Sanofi had obtained a genus patent covering a large group of compounds on the basis of years of work and sound prediction.

Keywords: Patents, Selection, Test, Biotechnology, Drugs

Suggested Citation

Perry, Mark, SCC Clarifies Areas of Challenge for Selection Patents (September 3, 2010). The Lawyers Weekly, p. 14, September 2010, Available at SSRN: https://ssrn.com/abstract=1670089

Mark Perry (Contact Author)

University of New England - School of Law ( email )

Armidale, New South Wales 2351
Australia
=61 2 67732901 (Phone)

University of Western Ontario - Faculty of Law ( email )

London, Ontario N6A 3K7 N6A 3K7
Canada
1519661211 (Phone)

HOME PAGE: http://www.csd.uwo.ca/~markp

the University of Western ONtario ( email )

London, Ontario N6A 3K7 N6A 3K7
Canada
1519661211 (Phone)

HOME PAGE: http://www.csd.uwo.ca/~markp

The University of Auckland ( email )

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Auckland Mail Centre
Auckland, 1142
New Zealand

University of New England ( email )

School of Law
Armidale, New South Wales 2351
Australia

HOME PAGE: http://une.edu.au/law

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