Patent Bargain

The Supreme Court of Canada decides that Pfizer cannot 'game the system' and try to get out of the 'bargain' in which it discloses the invention.

The patent system is based on a "bargain", or quid pro quo: the inventor is granted exclusive rights in a new and useful invention for a limited period in exchange for disclosure of the invention so that society can benefit from this knowledge. This is the basic policy rationale underlying the Act. The patent bargain encourages innovation and advances science and technology.

I guess the world needs to be prepared to see generic Viagra coming out of Canada now, and the associated spam.


Michael Geist – Supreme Court Voids Viagra Patent as Insufficient Disclosure Means It Fails the “Patent Bargain”
Dr. Michael Geist is the Canada Research Chair of Internet and E-commerce Law at the University of Ottawa., supreme court viagra

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One thought on “Patent Bargain

  1. "P holds Patent 2,163,446 for the use of a “compound of formula (I)” or a “salt thereof” as a medicament for the treatment of erectile dysfunction (“ED”).  The patent’s specification ends with seven cascading claims for successively smaller ranges of compounds, with Claims 6 and 7 relating to a single compound each.  Only sildenafil, the subject of Claim 7 and the active compound in Viagra, had been shown to be effective in treating ED at the time of the patent application.  Although the patent includes the statement that “one of the especially preferred compounds induces penile erection in impotent males”, the patent application does not disclose that the compound that works is sildenafil, that it is found in Claim 7, or that the remaining compounds had not been found to be effective in treating ED."

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