Utility Emphasis Lacking in the Examination of Aggregations

The distinction between combinations and aggregations is a well-accepted principle of patent law. A combination is an assemblage of known elements whose combined use leads to a result that is different from the sum of the results of the individual elements. Whereas, an aggregation is an assemblage of elements that each produce their expected result […]

Inequitable Conduct in Canadian Patent Prosecution

The United States Court of Appeals for the Federal Circuit recently provided an example of when patents will be invalidated due to inequitable conduct. Canadian patent law presently has no comparable doctrine of inequitable conduct, but the US ruling provides an interesting comparative basis from which to discuss the duty of good faith in Canadian […]