September 27, 2010 by Essien Udokang
Essien Udokang is an Articling Student at Torys LLP
The term “good faith” suggests a sincere belief or motive without any malice or the desire to defraud others. Section 73(1)(a) of the Patent Act requires that, during the prosecution of a patent, an applicant reply in good faith to any requisition made by a patent examiner in connection with an examination, within six months after the requisition is made. How broadly should the duty of good faith be interpreted? Does it extend to include a duty of candour as exists in the United States, which would suggest a higher, equitable, standard of forthrightness than that arguably provided by s. 73? Is s. 73 to be relegated to administering patent prosecution, or can it be used post patent issue to challenge validity?