Tag Archives: canada

Canada’s ‘’Sister” Prior Art Law Differs From Ours, Eh!

I recently received a well-written post from Smart & Biggar/Feherstonhaugh in Toronto reminding me that a publication by the inventor only shields a later third-party publication from being a bar if the second publication was derived from the inventor and a … Continue reading

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Inequitable Conduct in Canada – Disarming the “Atomic Bomb”

This is a guest post from Brian W. Gray of Norton Rose. This week a significant decision for patent owners was released from our Canadian Federal Court of Appeal. A copy of the case is found at the end of … Continue reading

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Canadian Ruling Supports “Antibody Exception”

In my recent post on the Centocor v. Abbott decision, I noted that the Fed. Cir. had at least preserved the “antibody exception,” which I define as permitting broad claims to structurally uncharacterized antibodies (monoclonal and polyclonal) if the structure … Continue reading

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