samedan logo
 
 
 
spacer
home > ebr > summer 2003 > the baker case and eight-part test for considering disclosure by prior use or sale
PUBLICATIONS
European Biopharmaceutical Review

The Baker Case and Eight-Part Test for Considering Disclosure by Prior Use or Sale

Section 28.2 (1) of the Canadian Patent Act states the following:

28.8(1) The subject-matter defined by a claim in an application for a patent in Canada (the "pending application") must not have been disclosed

(a) more than one year before the filing date by the applicant, or by a person who obtained knowledge, directly or indirectly, from the applicant, in such a manner that the subject-matter became available to the public in Canada or elsewhere;

In Canada, the following acts constitute anticipation, that is, prior disclosure of the claimed invention. A prior publication, public use, oral disclosure or sale (or offer to sell, if accompanied by sufficient detail of what is offered) are together referred to as 'anticipation'. In Canwell Enviro-Industries Ltd. v. Baker Petrolite Corp.1, the Federal Court of Appeal considered whether prior sale constituted anticipation and therefore invalidated the plaintiff's (Petrolite) patent. Rothstein J put forth an eight-part test that can be followed to determine if prior sale, occurring more than one year prior to the filing of a Canadian Patent invalidates the patent.

The Facts Surrounding the Case


Read full article from PDF >>

Rate this article You must be a member of the site to make a vote.  
Average rating:
0
     

There are no comments in regards to this article.

spacer
By Nika V Ketis, Lawyer at Bennett Jones

Dr Nika V Ketis practices corporate and commercial, intellectual property and technology law (with a focus on patents, registration, licensing and enforcement) as an Associate at Bennett Jones, and as a member of the Law Society of Ontario. Her practice focuses on the biotechnology, university, not-for-profit and health care sectors.

Dr Ketis currently serves as Chair of the Education Committee of Toronto Biotechnology Initiative (TBI), serves on the IPIC (Intellectual Property Institute of Canada) Licensing Committee and serves on the Steering Committee for the National Diploma Program in Biotechnology of the Biotechnology Human Resource Council (BHRC).

spacer
Nika V Ketis
spacer
spacer
Print this page
Send to a friend
Privacy statement
News and Press Releases

Avantor® Enters into Distribution Agreement to Supply Agilent Technologies’ Chemistries and Supplies Division products in the U.S. and Canada

Enabling analytical chemistry workflow laboratories full access to Agilent Technologies’ Chemistries & Supplies Division (CSD) portfolio - focusing on chromatography columns, sample preparation products, chemical standards, and spectroscopy supplies through Avantor’s leading digital and direct channels.
More info >>

White Papers

The Flexible Factory Concept: A flexible bioprocessing platform to meet the changing needs of biomanufacturing

GE Healthcare Life Sciences

For the past several years, the biopharma industry has been buffeted by dynamic market conditions that are rapidly reshaping manufacturing requirements. These factors include: • The rise of small-market pharmaceuticals that do not require the production scale of the previous “blockbuster” drug model • Increased titers and process productivity that generate more bulk-product within a much smaller manufacturing footprint • The emergence of biosimilars and continued evolution of healthcare reform, which will increasingly pressure drug pricing and require greater cost discipline • Greater competition and shorter patent protection timelines, which will further ratchet up time-to-market pressures • Tighter capital markets that will create heightened scrutiny for all new investment projects
More info >>

 

 

 

©2000-2011 Samedan Ltd.
Add to favourites

Print this page

Send to a friend
Privacy statement