August 9, 2011 by Grant Lynds
Grant W. Lynds is a partner in the Ottawa office of Gowling Lafleur Henderson LLP, whose practice focuses on intellectual property litigation and patent prosecution. This case analysis has been re-posted with his permission.
In recent years, Canada’s Federal Court has generated much debate with respect to whether patent applicants in Canada owe a “duty of candour” during prosecution of patent applications, especially under section 73 of Canada’s Patent Act. Canada’s Federal Court of Appeal has now issued a decision dated July 18, 2011 that conclusively states that section 73(1)(a) cannot be relied upon to attack the validity of a patent after it has issued.