U.S. Pharma Group Faults Canada's Patent Standard in NAFTA Comments

摘要

The U.S. pharmaceutical industry is going after Canada's allegedly lax patent standards and wants the U.S. to instead enforce the standards of the North American Free Trade Agreement. The Pharmaceutical Research and Manufacturers of America (PhRMA) said in recent comments to the U.S. Trade Representative that contrary to NAFTA "and longstanding international obligations and norms, the Canadian judiciary has created a new and heightened standard for determining patent 'utility.' " This standard, called the promise doctrine, has led to 28 court decisions invalidating 25 biopharmaceutical patents for lack of utility since 2005, PhRMA said.