In Regeneron Pharmaceuticals, Inc v Canada (AG), 2023 FC 768, the Federal Court granted Regeneron’s
application to add an inventor to its issued patent, which was the subject of pending litigation. The Court was satisfied, based on the evidence, that the omission of the inventor was made by inadvertence or mistake and not for the purpose of delay.
While Regeneron did not provide affidavits from the already named inventors, the Court noted that this was not a requirement, and that the balance of the evidence favoured granting the application. For example, the Court considered that the same amendment
to inventorship was accepted by the Canadian and US Patent Offices in respect of related patent applications.
Finally, the Court found that granting the application would not impact any third-party rights, as the parties to the ongoing litigation were notified of the application and did not seek to intervene.
Should you have any questions, please do not hesitate to contact a member of the Pharmaceutical Litigation Group.
The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.
Related Publications & Articles
-
Supreme Court of Canada dismisses Apotex’s application for leave to appeal macitentan inducing infringement decision
On June 6, 2024, the Supreme Court of Canada dismissed Apotex’s application for leave to appeal (Docket No. 41087).Read More -
Supreme Court of Canada dismisses Apotex and Pharmascience’s applications for leave to appeal paliperidone inducing infringement decisions
On June 27, 2024, the Supreme Court of Canada dismissed Apotex and Pharmascience’s applications for leave to appeal (Docket Nos. 41162 and 41164).Read More -
2024 mid-year highlights in Canadian life sciences IP and regulatory law
In the first half of 2024, Rx IP Update reported on a number of developments in Canadian life sciences IP and regulatory law. The Rx IP Update team at Smart & Biggar has collected the top stories ...Read More