CanadaShedding light on selection patents: new business challenges

The landscape of pharmaceutical patents has recently changed in Canada. A Supreme Court battle pitched generic drug company Apotex against Sanofi-Aventis over the validity of Sanofi-Aventis’s selection patent, which covers the anti-coagulating drug Plavix. The decision, in favour of Sanofi-Aventis, affirmed the patentability of Plavix even when one of Sanofi- Aventis’s earlier patents claimed a mixture that contained the drug, but which the Sanofi-Aventis scientists had not identified as being valuable.

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