IP Update
 

Federal Court revisits the issue of medical uses

by Lynn Ing

In AbbVie Biotechnology Ltd v Canada (Attorney General), 2014 FC 1251, the Federal Court allowed AbbVie's appeal from a refusal of the Commissioner of Patents to grant Canadian Patent Application No. 2,385,745. The issue was solely a question of law, namely the Commissioner's determination of "the statutory limits of patentable subject matter... — that is, the nature and extent of the prohibition against methods of medical treatment". The Court held that the claims are patentable.

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