Provisional patent applications are generally well known in the start-up community as an affordable way to protect patent rights, but it can be hard to locate practical information. Here are the questions that our clients most frequently ask us about provisional patent applications.
2021 FCA 137: On July 12, 2021, the Federal Court of Appeal issued a decision dismissing an application for judicial review of a decision of the Minister of Health denying data protection for a drug. Janssen Inc. had sought protection for its drug SPRAVATO but was rejected on the basis that it was not an “innovative drug” eligible for such protection.
As the pandemic rages and the vaccines roll out, we face a difficult question about whether to relax patents on COVID-19 technologies in order to accelerate global vaccine distribution. For intellectual property professionals, we must ensure that we help guide the right policy decision. History is going to judge us.