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Supreme Court of Canada Voids Viagra Patent for Insufficient Disclosure

michaelgeist.ca

11–20 of 22 posts

Re: Supreme Court of Canada Voids Viagra Patent for Insufficient Disclosure

#11
post #6
post #3

With generic drugs coming on the market, Pfizer will certainly soon face some stiff competition.

They must be disappointed that their patent just didn't stand up.

It was quite obvious they couldn't keep it up for any longer. The harder the competition, the better the fight.

Re: Supreme Court of Canada Voids Viagra Patent for Insufficient Disclosure

#14
post #7

The problem I have with software patents is that they basically do the same thing. They request monopoly power over the invention while not disclosing how someone in the field could implement it, which would require source code, etc. Since software patents don't disclose enough for another programmer to implement the invention, I don't see how they are benefiting society. They don't share the knowledge but still get…

Personally I think a lot of software patents explain well enough that I could implement their "invention". It's just that the invention is so simple/obvious to us that I wonder how they got a patent and no prior art was found.

Lack of prior art should be used to establish novelty, not obviousness. The test for obviousness should be based on the proposed solution, not the problem.

Re: Supreme Court of Canada Voids Viagra Patent for Insufficient Disclosure

#16
post #4

The Supreme Court of Canada is extremely well respected by a majority of Canadians and this ruling is a very good example of the reason why it is so well respected.

Fellow Canadian here - indeed. You'd be hard pressed to guess which way a particular Justice leans politically, unlike our cousins to the south. Heck, our Chief Justice excused herself from Conrad Black's potential hearing because she didn't want to be in a conflict of interest. That's integrity right there. http://www.thestar.com/news/canada/politics/article/1285112-...

We just lean differently up here - federalist instead of sovereigntist. Take a look at this political cartoon that was in Le Devoir during the reference re secession of Quebec - http://jpzeni.wordpress.com/?attachment_id=64

Re: Supreme Court of Canada Voids Viagra Patent for Insufficient Disclosure

#17
post #7

The problem I have with software patents is that they basically do the same thing. They request monopoly power over the invention while not disclosing how someone in the field could implement it, which would require source code, etc. Since software patents don't disclose enough for another programmer to implement the invention, I don't see how they are benefiting society. They don't share the knowledge but still get…

Personally I think a lot of software patents explain well enough that I could implement their "invention". It's just that the invention is so simple/obvious to us that I wonder how they got a patent and no prior art was found.

Agreed.

I'd also like to note that the quid-pro-quo model of patents suggests that, in fact, it shouldn't be enough for the solution to be non-obvious: It should have to be non-obvious even once you have been told such a thing exists. Because if the mere knowledge of the existence of something would be sufficient to render how to do it obvious, the inventor cannot hope to keep its workings secret once it is released, and so we are trading for something that would be worthless anyway.

Re: Supreme Court of Canada Voids Viagra Patent for Insufficient Disclosure

#18
post #7

The problem I have with software patents is that they basically do the same thing. They request monopoly power over the invention while not disclosing how someone in the field could implement it, which would require source code, etc. Since software patents don't disclose enough for another programmer to implement the invention, I don't see how they are benefiting society. They don't share the knowledge but still get…

Personally I think a lot of software patents explain well enough that I could implement their "invention". It's just that the invention is so simple/obvious to us that I wonder how they got a patent and no prior art was found.

There is a second part of the patent quid pro quo deal that is often glossed over and that is "... without undue experimentation". For many ideas, the idea is enough to allow someone to reproduce it, but for a large subset of those ideas, a person skilled in the art would still have to go through undue experimentation if there is no source code available.

Source code is often the only way for someone to recreate an idea disclosed via software patent without undue experimentation.

Re: Supreme Court of Canada Voids Viagra Patent for Insufficient Disclosure

#19

Earlier quoted context omitted.

Personally I think a lot of software patents explain well enough that I could implement their "invention". It's just that the invention is so simple/obvious to us that I wonder how they got a patent and no prior art was found.

There is a second part of the patent quid pro quo deal that is often glossed over and that is "... without undue experimentation". For many ideas, the idea is enough to allow someone to reproduce it, but for a large subset of those ideas, a person skilled in the art would still have to go through undue experimentation if there is no source code available. Source code is often the only way for someone to recreate an i…

I've always wondered - why isn't source code disclosed in a software patent? In most other mechanical inventions or even pharmaceutical ones, the type of disclosure required does include a fair bit of detail - perhaps blueprints of some sort and certainly lots of diagrams and explanations. Wouldn't the software equivalent of that be the source code, rather than, say, screenshots?
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