The Supreme Court's Sanofi Decision: Three Years Later

Abstract:

In 2008, the Supreme Court of Canada’s decision in Apotex Inc. v. Sanofi-Synthelabo Canada Inc. restated the test for anticipation under Canadian patent law to expressly include enablement. Sanofi also provided an analytical approach for obviousness and provided the option of using the “obvious to try” test in areas where inventions are often won by experimentation. This article reviews the most important cases from 2008 to 2011 that have applied the Sanofi decision.