Canada - Dead Patents Walking - Patent Formalities and Duty of Good Faith Presentation - July 7 2010


This presentation will provide an overview of significant changes in Canadian patent formalities practice, including cases from the Federal Court. In short, defects in formalities and applicant practice before the Canadian Patent Office have been resulting inadvertently in the irrevocable abandonment of applications and patents. A more recent example, of a 'Dead Patent Walking', has arisen in the context of lack of good faith during prosecution as set out within the framework of the Canadian Patent Act and Patent Rules.

The objective of this presentation is to highlight how evolving case law has been signaling the need for patent applicants in Canada to develop a new level of due diligence with regard to compliance with the formalities and requirement for acting in good faith prescribed throughout the Patent Act and Patent Rules. The upcoming changes to the Patent Rules (effective October 1, 2010) regarding the establishment of entitlement by patent applicants will also be presented and discussed within this context of heightened diligence in formalities practice.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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