Monday, 15 August 2011

Canada clarifies applicability of 'good faith' rule to granted patents

A note from Canadian IP law firm Dimock Stratton LLP draws the attention of readers to a recent decision of the Federal Court of Appeal in Corlac Inc. v Weatherford Canada Ltd (2011 FCA 228) which limits the effect of the Patent Act s.73(1)(a) upon the validity of granted patents.  By that provision:
An application for a patent in Canada shall be deemed to be abandoned if the applicant does not 
(a) reply in good faith to any requisition made by an examiner in connection with an examination, within six months after the requisition is made or within any shorter period established by the Commissioner; ...
The Court held that, once granted, patents are not vulnerable to attack under that section -- which deals with obligations of good faith in prosecuting patent applications.  The Court added that patents once granted and applications for patents are governed by different statutory provisions.

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