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.,  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.