
The Supreme Court of Canada is invalidating Pfizer’s patent on the popular erectile-dysfunction drug Viagra for failing to openly disclose the drug’s active ingredient, as required by Canadian intellectual property law.
The 7-0 decision Thursday to open Viagra to competition ahead of its 2014 patent expiration underscores a major difference in how the Canadian and United States courts are interpreting patent laws.
Both nations have so-called “patent bargains” that require the disclosure of a drug’s chemical compounds in enough detail so that scientists can replicate it and learn from the invention, thus benefiting society. In exchange, the inventor, in this case Pfizer, gets the exclusive rights to market the invention for a limited period.
But “sufficiency of disclosure lies at the very heart of the patent system,” the Canadian high court ruled Thursday, and “adequate disclosure in the specification is a precondition for the granting of a patent.”
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