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Viagra Patent Invalid: Supreme Court of Canada Ruled

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The Supreme Court of Canada has ruled today that the patent for Viagra is invalid for Canada. Viagra, made by Pfizer Canada Inc for Canada, is an erectile dysfunction drug. This ruling comes at a 7-0 decision. The question of validity came from the patent details. While Pfizer listed all 260 quintillion chemical compounds, they did not specify which compounds were active in the treatment.

The Supreme Court ruled that Pfizer knew which compound was effective, and they purposely did not disclose it. The theory was they did this to try and prevent other companies making generic versions.

The decision will allow for Teva Canada Limited to apply to create a generic version of the drug for the Canadian market. The decision now puts Pfizer responsible for Teva’s court costs for fighting the patent.

This decision has set a precedent for both past and future Canadian patents. The decision reads, “Pfizer had the information needed to disclose the useful compound and chose not to release it. Even though Pfizer knew that the effective compound was sidenafil at the time it filed the application, it limited its description.”

Source: Canada

Image by: Sean Nel / Shutterstock.com

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