Hacker News new | comments | show | ask | jobs | submit login

Worth mentioning the patent was set to expire in Canada in ~18 months anyways. The US patent was set to expire in early 2012 but coverage appears to have been extended to 2019. The bigger resulting effect here might be from the establishment of a precedent of the wording that the court is expecting in patent filings. In the full ruling below, the main missing disclosure I can see is:

"Only sildenafil, the subject of Claim 7 and the active compound in Viagra, had been shown to be effective in treating ED at the time of the patent application. Although the patent includes the statement that “one of the especially preferred compounds induces penile erection in impotent males”, the patent application does not disclose that the compound that works is sildenafil, that it is found in Claim 7, or that the remaining compounds had not been found to be effective in treating ED."

The full ruling is here http://www.canlii.org/en/ca/scc/doc/2012/2012scc60/2012scc60...




Ouch, that's nasty. A patent claim that lists a bunch of compounds, of which only one works? No wonder the court struck it down; the filing itself is actively obstructing knowledge.




Guidelines | FAQ | Support | API | Security | Lists | Bookmarklet | DMCA | Apply to YC | Contact

Search: