Viagra patent declared invalid by Supreme Court of Canada
In an important case released today, Teva Canada Ltd. v. Pfizer Canada Inc. 2012 SCC 60, the Supreme Court of Canada ruled that Pfizer’s patent for its popular drug Viagra used for treating erectile dysfunction was void for not meeting the disclosure requirements in s. 27(3) of the Patent Act.
To satisfy the disclosure requirements, the inventor must disclose his/her invention and describe how it works in the specification. In addition, the inventor must disclose in the specification how “to make the same successful use of the invention as the inventor could at the time of his application”.…
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