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Broken promise doctrine in Canada poses questions for courts

Natalie Rahhal, New York

The rejection of the promise doctrine has brought Canada into line with other countries and been welcomed by pharmaceutical companies. It also raises questions such as how courts will determine the “subject matter of the invention” and how the enhanced disclosure requirement will be resolved

The so-called “promise doctrine” has been the most talked-about issue in Canadian patent law for the past several years. Patent holders, attorneys and inventors have eagerly waited for the Supreme Court of Canada to decide whether or not the doctrine...

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