What is the right approach of obviousness in patent litigation under Canada's pharmaceutical linkage relationships: To test or not to test?
Published: 2006
Language: eng
Number of pages: 159
ISBN-13: 9780494212004
Subjects: University of Toronto. -- Faculty of Law -- Dissertations.; Patent suits -- Canada.; Pharmacy -- Law and legislation -- Canada.; Patents -- Law and legislation -- Canada.; Intellectual property -- Canada.
Description: This thesis comprises an analysis of whether scientific research in the lead-up period to an invention by pharmaceutical companies should vitiate a finding of obviousness in patent litigation under Canada's linkage regulations ("Regulations"). Confusion over the test for obviousness was deemed to relate to a lack of understanding by courts of the inventive capacity of persons skilled in the art of pharmaceutical sciences. A purposive social sciences construction of the normative practices of such persons supports an approach to obviousness that would allow testing without vitiating a finding of obviousness. A suggestion toward a fair, unequivocal and predictable test is made which has its locus in Canadian law, federal policy underlying the Regulations and Supreme Court jurisprudence in leading patent cases. The proposed test is consistent with appellate court jurisprudence and commentary in other jurisdictions and provides a patent policy which facilitates rather than impedes innovation in the pharmaceutical sector.
Notes: Source: Masters Abstracts International, Volume: 45-03, page: 1276.

Thesis (LL.M.)--University of Toronto, 2006.

Electronic version licensed for access by U. of T. users.

ROBARTS MICROTEXT copy on microfiche.