The Supreme Court of Canada this morning shocked the pharmaceutical
industry by voiding
Pfizer's patent in Canada for Viagra. The unanimous decision
provides a strong reaffirmation of the policy behind patent law,
namely that patents represent a quid pro quo bargain of public
disclosure of inventions in return for a time limited monopoly in
the invention. The Supreme Court describes it in this way:
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.
Disclosure is therefore a crucial part of the patent bargain.
TagsShareThursday November 08, 2012