Two pharmaceutical cases highlight recent developments in Canadian patent law relating to duty of candour during patent prosecution and patent claim construction, says Katie Wang.
Duty of candour
A recent case from the Federal Court in Canada has highlighted the importance of duty of candour during prosecution and closely scrutinising the file wrapper in assessing patent validity.
The duty of candour is a well-established doctrine in the United States. It requires every party to a patent application, including a patent applicant and its agents, to disclose to the United States Patent and Trademarks Office all publications that they know of that may adversely affect the patentability of their invention.
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Canada, patent law, pharmaceuticals, duty of candour, Wenk