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Supreme Court Voids Viagra Patent as Insufficient Disclosure Means It Fails the "Patent Bargain"

 

The Supreme Court of Canada this morning shocked the pharmaceutical industry by voiding Pfizer's patent in Canada for Viagra. The unanimous decision provides a strong reaffirmation of the policy behind patent law, namely that patents represent a quid pro quo bargain of public disclosure of inventions in return for a time limited monopoly in the invention. The Supreme Court describes it in this way:

 

The patent system is based on a "bargain", or quid pro quo: the inventor is granted exclusive rights in a new and useful invention for a limited period in exchange for disclosure of the invention so that society can benefit from this knowledge. This is the basic policy rationale underlying the Act. The patent bargain encourages innovation and advances science and technology.

 

Disclosure is therefore a crucial part of the patent bargain.

 

The court clarifies that this involves not only a description of the invention and how it works, but rather a much more practical level of disclosure "to enable a person skilled in the art or the field of the invention to produce it using only the instructions contained in the disclosure." In this case, the court finds that Pfizer failed to provide sufficient disclosure, concluding:

 

the public's right to proper disclosure was denied in this case, since the claims ended with two individually claimed compounds, thereby obscuring the true invention. The disclosure failed to state in clear terms what the invention was. Pfizer gained a benefit from the Act - exclusive monopoly rights - while withholding disclosure in spite of its disclosure obligations under the Act. As a matter of policy and sound statutory interpretation, patentees cannot be allowed to "game" the system in this way.

 

Pfizer argued strenuously that this should not result in invalidating the patent, but Justice Lebel, writing for the court, found no other alternative. The Viagra patent is therefore voided in Canada (which will allow for generic substitutes) and the importance of the basic foundation of patent policy for the broader benefit of society reaffirmed.

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I happen to hang out with a pharmacist (incidental -- I don't even shop there); they just received some of the generic blue pills.

 

I think they were about 30% cheaper.

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Already? Wow. They don't hang around, do they?

 

Anyway, I'd love to have been a fly on the wall in some of the Big Pharma boardrooms. I suspect they're rather less than pleased by this...

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The only thing I'm concerned about is that the generics don't always act the same as the original, different fillers. I suppose I'll find out when I get a refill.

 

Additional Comments:

Interesting article in the Globe this morning. Apparently Pfiser is making an unusual appeal of the Supreme court decision concerning the patent decision.

 

http://www.theglobeandmail.com/news/national/in-rare-move-pfizer-asks-supreme-court-to-reconsider-ruling-that-killed-viagra-patent/article5347670/

Edited by Boomer

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Interesting article in the Globe this morning. Apparently Pfiser is making an unusual appeal of the Supreme court decision concerning the patent decision.

 

Well, there's a lot of money at stake.

 

Although given that the ruling was unanimous, I can't see it being overturned...

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Just thought I'd chime in here with something not terribly related, but kind of.

Instead of coffee, make a daily hot morning drink from water, 2 tablespoons

Navitas raw cocoa and two tablespoons Navitas gelatinized Maca root powder.

Let it boil for a few minutes, it gets nice and thick due to the starch in the Maca.

I'll bet you'll throw away the Vitamin V ;)

  • Like 1

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I had a friend send me a natural supplement called "Himcaps" (60 pesos/approx $5) from Mexico, and they contain 300 Mg of MACA you mention above, and 100mg of Guarana...take an hour before?? We'll see...

Maca is at "Bulk Barn"

 

Additional Comments:

Ok...I tried them today, and went to see, the gorgeous, Jessica...

Now, I know I reviews for Jessica should go in the review column, and she totally rocks my world, so I hesitate a bit to give the pills too much credit, but the experience today was unbelievable...I didn't get past the kitchen counter before I was up and at it, and that went on steady for the whole time....reaching the absolute peak about 4 times and backing off until the final trip to paradise....I'll try them again later this week, for research purposes (haha) and see what happens. Will report...

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You can always try a natural method...... its a supplement called 'horny goat weed'

no lie.... That's the name of this sex in a bottle ;) Giddddddy UP, boys ;)

ROAR!

 

 

P.S. Also 'Royal Jelly' and 'eroxile' for men and women ;)

'Bell' health products are all natural and money back garauntee. Available at Health food stores (Kardish).

Edited by C***e H******ns

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You can always try a natural method...... its a supplement called 'horny goat weed'

no lie.... That's the name of this sex in a bottle ;) Giddddddy UP, boys ;)

ROAR!.

 

Sooooooo I was thinking here for a millasecond Claire...... I would much rather have sex with you babes !! You have a really nice bum and smile :) ...... I haven't tried Greek yet let alone having considered having sex or smoking weed with a goat !! ;) heh heh

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This is one of the Supreme Court justices from the unanimous ruling in favor of generic brands ;) They call him Stoney ....

 

big%20dick%20statue.jpg

 

Lol, is that the side effect of generic drug? If it is, I am next in line!

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Just saw an ad for Viagra claiming that it now costs exactly as much as the generic.

 

Looks like Pfizer's trying to get what it can out of Vitamin V.

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Guest D***el B***e

Interesting thread with lots of good medical info but for me I don't see how an extra five minutes of pleasure would benefit if I take a blue pill. lol

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I've never tried viagra, or anything like it. I don't "need" it, but its reputed effects make it tempting to try. What do you guys think?

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