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Supreme Court of Canada rejects “unsound” promise doctrine

Michael Loney, New York


In the eagerly-awaited AstraZeneca Canada v Apotex ruling, Canada’s Supreme Court has struck down the “promise doctrine” and clarified the requirement for patent utility

The Supreme Court of Canada has released its eagerly-awaited ruling in AstraZeneca Canada v Apotex, striking down the so-called “promise doctrine” and clarifying the requirement for patent utility.

The doctrine required patent owners to establish arguable statements of utility in...


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