We Promise That It Is Still Worthwhile To File Pharma Patents In Canada

The " promise doctrine" is getting a lot of press in the pharma industry.  We know that some big pharma companies are ticked off, for example, from Eli Lilly launching a NAFTA claim against the Canadian government over invalidated patents for atomoxetine and olanzapine.  A recent survey sponsored by the brand name pharma association says that the weakening patent environment in Canada is hitting Canadian R&D in the pocketbook.   

Is it really that bad?  Let's take a high level look at the patent landscape in the Great White North.

Granted, the reemergence of the promise doctrine has Canadian patent attorneys scratching their heads as to the applicability and scope of the doctrine.  It has provided a field day for generic companies challenging patents – but they have won some cases and lost others – it is not open season on pharma patents in Canada.  Examples of cases where brand-name drug company patents were found valid in spite of generic challenges based on