The proposed amendments are said to clarify the patent listing requirements as they relate to single medicinal ingredients found in combination drugs and confirm Health Canada’s established practices which, in light of recent Federal Court and Federal Court of Appeal decisions, may need to change.
Dr Falk Pharma GMBH v Canada (Commissioner of Patents), 2014 FC 1117 - Pursuant to section 52 of the Patent Act, the Federal Court ordered that the Commissioner of Patents add Peter Gruber to the list of inventors for Canadian Patent No. 2,297,832. Dr. Falk Pharma GMBH, the applicant and owner of the patent, inadvertently omitted Gruber’s name from the list of inventors.
Bardsley v Stewart, 2014 NSCA 106 - The Court found that the order was fair as it was merely ordering that Bardsley transfer his interests in the ‘770 Application to the extent possible, thus stopping just short of ordering assignment.
Lantana Ltd v The Comptroller General of Patents, Design and Trade Marks,  EWCA Civ 1463 - The UK Court rejected a patent on a method of transferring files via email communication for unpatentable subject matter for being no more than a computer program.
Bhasin v Hrynew, 2014 SCC 71 - The Supreme Court of Canada recognized a general organizing principle of good faith that underlies many facets of contract law, and created a new common law duty requiring contracting parties to honestly perform contractual obligations as a manifestation of this organizing principle.
Les Laboratoires Servier v Apotex Inc,  UKSC 55 - The UK Supreme Court rejected the argument that patent infringement could form the basis for the defence of illegality since patent rights do not give rise to the sort of public interest consideration that underpins the defence of illegality.
Gowling Lafleur Henderson LLP v Transpharm Canada Inc, 2014 ONSC 5643 - There was no written retainer to explicitly identify the client. However, citing the 10 year period during which Gowlings treated Transpharm as its client and as responsible for the cost of the patent services, the Court concluded that Transpharm verbally retained Gowlings.
Nature-Control Technologies Inc v Li, 2014 BCSC 1868 - The Court determined that a patent transferred from a director and co-owner of a corporation to the corporation by the implied intention of the parties by importing the analysis that is undertaken when determining if intellectual property impliedly passes from an employee to an employer.
Drexan Energy Systems Inc v Canada (Commissioner of Patents), 2014 FC 887 - The Court found that two out of four contributors to the invention could not be added to the list of inventors because their contribution essentially amounted to suggesting desired features of the invention and communicating feedback from potential customers, which did not constitute an inventive contribution.