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Intellectual Property Law

: FileWrapper

Supreme Court of Canada tightens obviousness standard

By McKee, Voorhees & Sease, P.L.C.

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The Supreme Court of Canada recently made significant changes to its obviousness standard for patentability. The case addressed a dispute arising between the brand-name pharmaceutical manufacturer, Sanofi, and the Canadian generic manufacturer, Apotex.  The decision by the Supreme Court of Canada brings its obviousness standard closer to the standard recently set forth by the U.S. Supreme Court in KSR v. Teleflex. However, the Canadian obviousness standard still appears to be less stringent than the U.S. obviousness standard.  

More on Apotex, Inc. v. Sanofi-Synthelavo Canada after the jump.

[More]

Full post as published by FileWrapper on March 23, 2009 (boomark / email).

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