Is There a s. 73 Duty of Candour and is Deemed Abandonment a Ground for Alleging Patent Invalidity?

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 […]

Purposive Claim Construction: Settled Law with Unsettled Application

Essien Udokang is a J.D. Candidate 2010 at Osgoode Hall and is taking the Patent Law class. Since the decision of the Supreme Court in Free World (2000 SCC 66, [2000] 2 S.C.R. 1024) it is supposedly settled law that courts are to construe the claims of a patent in a purposive manner in determining infringement and invalidity. […]

Are Business Methods Patentable?

 “Business method” (BM) is a generic term that has been used by many to describe various types of process claims.[1] Business method patents are patents that aim to secure the IP rights associated with a particular method of facilitating business. The Canadian Intellectual Property Office states that business method patents are de facto not patentable.[2] […]

TRIPS and the WTO Decision: Challenges and Paper Promises in a Perpetual Developing-World Disease Crisis

The Trade-Related Aspects of Intellectual Property Rights (TRIPS) is a comprehensive multilateral agreement setting minimum uniform standards of IP protection and enforcement in all WTO Member States.[1] Its provisions require a substantive degree of IP protection for all members, including a twenty year term of protection[2] that confers the exclusive right to prevent third parties […]