The rejection of the promise doctrine has brought Canada into line with other countries and been welcomed by pharmaceutical companies. It also raises questions such as how courts will determine the “subject matter of the invention” and how the enhanced disclosure requirement will be resolved
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If 2024 is anything to go by, the next 12 months could see more IP firms seek investment opportunities while IP lawyers are increasingly likely to work alongside other functions
Sources in four jurisdictions discuss the downsides of delayed judgments and why they prefer a well-reasoned, late finding, over a quick ruling that lacks substance