April 30, 2013 by David Vaver
It was thought until quite recently that any applicant for a Canadian patent had to disclose in his specification the best mode then known of working his invention (Minerals Separation North American Corp. v. Noranda Mines Ltd., [1947] Ex. C.R. 306, rev’d (1952) 69 R.P.C. 81 (P.C.)). Then came Sanofi-Aventis Canada Inc. v. Apotex Inc., 2009 FC 676 to dispel this illusion.
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