On november 8 2016, the Supreme Court of Canada heard oral arguments in AstraZeneca v Apotex and reserved its decision in a case that raises the propriety of the Canadian Federal Courts' "promise doctrine."
Throughout the arguments, Fasken Martineau made submissions saying how the promise doctrine and ensuing heightened utility requirement in Canada are a source of great concern for FICPI and other stakeholders. A low threshold for patent utility was then proposed to the Court – one that is consistent with the standard adopted by Canada's major trading partners.
Fasken Martineau advise the International Federation of Intellectual Property Attorneys (FICPI).