2017 saw a number of important court decisions and legislative
developments with respect to intellectual property in Canada.
Here we provide a brief summary and links to some of the highlights
and comment on what is on the horizon for the life sciences in
2018.
The Promise Doctrine Comes to an End
In June 2017, the Supreme Court of Canada ("SCC")
released their unanimous decision in AstraZeneca v Apotex, 2017 SCC 36
("AstraZeneca") finding that the Promise
Doctrine "is not good law" and clarifying the utility
requirement under section 2 of the Patent Act. The case
related to Canadian Patent no. 2,139,653 that provided patent
protection for AstraZeneca's Nexium®, a small molecule used
for the treatment of acid reflux disease. The SCC noted that the
Promise Doctrine was "excessively onerous", and regarded
it as running "counter to the words of the Act by
requiring that where multiple promised uses are expressed, they all
must be satisfied for the patent to meet the
