Lechleiter: Innovative drugs are stifled by arbitrary patent rules in Canada

08/27/2013 | Forbes

Canada's weakened intellectual property protections could derail the development of new drugs as well as increase the risk and cost of innovation, Eli Lilly and Co. CEO and former PhRMA Chairman John Lechleiter writes. Canada's courts have developed a "promise" doctrine for patents that is subjective and unpredictable and being used to invalidate existing drug patents, he writes. It creates a Catch-22 where a drug is difficult to patent without phase II study data, and a phase II study is hard to justify without a patent.

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