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Patents Patent Applications Supreme Court of Canada

Smart & Biggar

Canada’s new patent claim fee rules: Alternative embodiments within a single claim

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Historically, claim fees have not been payable at any time during the pendency of a Canadian patent application or term of the patent. This changed on October 3, 2022, and the present article discusses strategies for...more

Dickinson Wright

Patent Claim Construction Decision May Boost Patent Eligibility in Canada

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Those applying for Canadian patents will be pleased to learn of a recent decision by the Federal Court of Canada invalidating the patent office’s controversial problem-solution approach to patent claim construction. The...more

Smart & Biggar

Rx IP Update - February 2019

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Orders of prohibition relating to polymorphic form patent for PRISTIQ upheld on appeal - As previously reported, the Federal Court, in a pair of decisions, granted orders prohibiting Apotex and Teva from marketing their...more

Smart & Biggar

RX IP Update - January 2017

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Apotex’s Infringement of AstraZeneca’s Omeprazole Formulation Patent Upheld - As previously reported, the Federal Court of Appeal, in a unanimous decision released on January 12, 2017 (2017 FCA 9), has affirmed the...more

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