48 S E P T E M B E R 2 0 1 7 w w w . C A N A D I A N L a w y e r m a g . c o m
the lack of clarity in, and the impact
of, utility requirements for patents
imposed by Canadian courts. In these
cases, courts have invalidated valuable
patents held by U.S. pharmaceutical
companies on utility grounds by inter-
preting the 'promise' of the patent and
finding that insufficient information
has been provided in the application to
substantiate that promise," the report
said.
"The United States understands that
the Supreme Court of Canada has the
opportunity to clarify this doctrine in
the near future. The United States urges
Canada to engage meaningfully with
affected stakeholders and the United
States on patent utility issues."
Karger believes the report was call-
ing out an earlier ruling in AstraZeneca,
which the SCC overturned with its
decision in June, as affecting confidence
or interest in Canada as a patent juris-
diction. "The Supreme Court seems
to have tried to appease some of those
concerns," he says, adding that other
L E G A L R E P O RT \ I N T E L L E C T U A L P R O P E RT Y
U.S. INNOVATORS FACE CHALLENGES
INCLUDING RESTRICTIVE PATENTABILITY
CRITERIA, THAT UNDERMINE OPPORTUNITIES
FOR EXPORT GROWTH IN COUNTRIES SUCH AS
ARGENTINA, CANADA, INDIA, AND INDONESIA.
U.S. TRADE REPRESENTATIVE REPORT
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