Canada's patent utility requirements and the workability of the promise doctrine are currently before the Supreme Court of Canada in AstraZeneca Canada Inc v Apotex Inc, in litigation over the validity of Astrazeneca's patent for the acid reflux medicine Nexium (esomeprazole). (canadianlawyermag.com)
Lilly claimed that the promise doctrine fundamentally changed Canada's utility requirement, exceeds patentability requirements of trading partners, contravenes Canada's international trade obligations and discriminates against pharmaceutical patents. (canadianlawyermag.com)
With this background, here's a brief summary of Canadian law with respect to the promise doctrine. (canadianlawyermag.com)