Pharma innovators in Canada: is utility standard uncertainty worth the risk?

The granting of Canadian patents is governed by the federal Patent Act and Patent Rules, and various regulations under them. They legislate that a patent may be obtained for an invention if it is new, non-obvious, and useful (the utility requirement). To meet the utility requirement, an invention must be capable of industrial application, meaning that the invention can be made and/or used in an industry of some kind. Utility is not a Canada-specific legal requirement. Rather, it is found in patent systems around the world and applies to all patented inventions, pharmaceutical or otherwise.

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