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Patent Utility Requirements for Biopharmaceutical Inventions: How Much is Enough?

April 19, 2013
A debate between the innovative and generic perspectives on pharmaceutical patent law in Canada, moderated by David Kappos, will be held in Chicago on Monday April 22nd from 2:30-3:30pm in room S404A at this year’s BIO International Convention.

Former Undersecretary of Commerce for Intellectual Property and USPTO Director David J. Kappos will moderate a panel of legal experts who will discuss recent developments in the area of patent utility and its implications for biopharmaceutical innovation.  Speakers will provide perspectives on utility law in Canada, Europe, Japan and the US, while considering both innovative and generic perspectives.  The moderator plans to take questions from the audience toward the end of the hour-long panel discussion.

To date, 18 pharmaceutical patents have been rendered invalid or unenforceable in Canada on the grounds that they lack utility, despite approval by Health Canada for the use claimed in the patents’ applications.  Arguing that Canada’s utility requirement is unique among OECD countries, and runs counter to Canada’s obligations under numerous international trade agreements, will be Patrick Kierans, Senior Partner, Norton Rose (Toronto); arguing that these invalidations reflect flawed patent applications, and sound patent law in Canada, will be Tim Gilbert, Partner, Gilberts LLP (Toronto). Providing global context will be Bert Oosting, Partner, Hogan Lovells (Amsterdam) and Takashi Fujita, with Akabe, Ikubo & Katayama (Tokyo). Moderating the discussion, and providing a US perspective will be David Kappos, Partner, Cravath Swain and Moore (New York).

Monday April 22nd from 2:30-3:30pm in room S404A