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Posted in: TheSpotlight Categories | Intellectual Property

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Canadian Court of Appeal has Something to Say on Obviousness: Critical of Rigid Tests and Using a Solution-Based Identification of the Inventive Concept that Excludes Serendipitous Discoveries Means Atazanavir Salt Obvious By Kitt Sinden, M.Sc. May 08, 2017 The Federal Court of Appeal (“FCA”) recently affirmed a Federal Court (“FC”) finding that an antiviral salt was obvious, although based on different reasoning1. The FCA provided a detailed analysis of the “inventive concept” (“IC”), although it is arguably still unclear as to when/why it is appro...
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