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Canada High Court delivers good news to patent owners (full version)

Eileen McDermott, New York


The Supreme Court of Canada has clarified the tests for anticipation and obviousness and reaffirmed the patentability of so-called selection patents in a ruling that could amount to a major boon for Canadian pharmaceutical companies, as well as patentees in general

The judgment , authored by Justice Marshall Rothstein, upheld Canadian pharmaceutical company Sanofi-Aventis's patent for Plavix (clopidogrel bisulfate), a popular blood clot inhibitor, rejecting generic drug company Apotex's claims that the patent was invalid for anticipation, obviousness and double patenting.

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