‘Bombshell’ Canadian Patent Ruling Seen Favoring Foreign Companies

  • Supreme Court decision lowers bar for receiving patents
  • Decision removes a trade irritant with U.S. before Nafta talks
Photographer: Norm Betts/Bloomberg
Lock
This article is for subscribers only.

A Canadian Supreme Court ruling Friday that overhauls patent law will largely favor multinational patent holders over the country’s own startups and may ease Nafta talks due to begin with the U.S. this year, observers say.

The decision, the latest from a Canadian court to reshape intellectual property rights, effectively lowers the bar to receive and defend a patent in the country, tilting the playing field in favor of existing holders. While applauded by larger firms and industry groups, the ruling threatens to upend the domestic technology sector and undercut Prime Minister Justin Trudeau’s aims of reshaping Canada as a leader in innovative industries.