Brevets de sélection : L’état du droit au Canada

Abstract:

The existence of selection patents is surrounded by much controversy. For some, selection patents constitute an illegal extension of patent monopoly, while others think that they encourage innovation like any other type of patent. The Supreme Court through the Sanofi decision has added its voice to the debate. The high court takes a balanced position, but affirms the legitimacy of selection patents. Like any other patent, a selection patent must meet all the classic requirements for patentability; however, it appears that some of these requirements are applied slightly differently.