Vivian Sim is an IP Intensive student and a 3L JD candidate at Osgoode Hall Law School. As part of the course requirements, students were asked to write a reflective…
Tag: Patent Act
2021 IP Year in Review
Prof. Pina D’Agostino is the Founder and Director of IP Osgoode, the IP Intensive Program, and the IP Innovation Clinic, the Founder and Editor-in-Chief of the IPilogue, the Deputy Editor…
Patenting Inventions Produced in the Course of Employment: Rights and Obligations of Private and Public Sector Employees in Canada
Photo Credits: Sebastian Herrmann (Unsplash) Claire La Mantia is a Guest Writer and a 2L JD Candidate at Osgoode Hall Law School. Determining whether an employer or an employee owns…
The Perplexities of Patent Prosecution History: Procedure over Principle?
Section 53.1 of the Patent Act took effect in 2019. It was designed to reverse the 2000 decision of the Supreme Court in Free World Trust v Electro Santé Inc [2000] 2 SCR 1024 and…
in Access to Medicines, Blogs, Commercialization, Development, Innovation, Patentability, Patents, Pharmaceutical Drugs, Uncategorized0by Editor
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Broken Promises: Utility Standards and Patent Applications in Canada
The last day of June 2017 saw the Supreme Court of Canada (SCC) quash the controversial Promise Doctrine. The issue at hand in AstraZeneca Canada Inc v Apotex Inc was…
in Canada, European Union, Infringement, IP, Jurisdiction, Patentability, Patents, Pharmaceutical Drugs, Regulatory Policy, Supreme Court of Canada, UK, UK, US, US-Canada Relations0by Editor
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Sitting This One Out: SCC Refuses to Clarify “Promise of a Patent” Doctrine
Last month, the Supreme Court of Canada (SCC) denied leave to appeal in the case Eli Lilly Canada Inc v Novopharm Ltd, passing on an opportunity to clarify the controversial…