Canadian Supreme Court puts Viagra in the public domain because Pfizer wouldn't disclose enough of its workings

Cory Doctorow 8:57 am Fri Nov 9, 2012

Michael Geist sez,

The Supreme Court of Canada this morning shocked the pharmaceutical industry by voiding Pfizer's patent in Canada for Viagra. The unanimous decision provides a strong reaffirmation of the policy behind patent law, namely that patents represent a quid pro quo bargain of public disclosure of inventions in return for a time limited monopoly in the invention. The Supreme Court describes it in this way:

"The patent system is based on a "bargain", or quid pro quo: the inventor is granted exclusive rights in a new and useful invention for a limited period in exchange for disclosure of the invention so that society can benefit from this knowledge. This is the basic policy rationale underlying the Act. The patent bargain encourages innovation and advances science and technology."

Canadian Supreme Court Voids Viagra Patent as Insufficient Disclosure Means It Fails the "Patent Bargain"

(Thanks, Michael!)

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