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Admissible Evidence New Rules

Smart & Biggar

Foreign Prosecution History Evidence Permitted under Section 53.1 of the Patent Act

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The Federal Court has now released the first decision in which the scope of Section 53.1 of the Canadian Patent Act—the so-called “file wrapper estoppel” provision—has been considered. We recently published an IP Update...more

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File wrapper estoppel in Canada

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The Canadian Patent Act was amended last year to include a new provision which allows prosecution histories into evidence in patent proceedings to rebut representations made by the patentee regarding claims construction. ...more

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Five important changes to the Canadian Patent Act now in effect

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The Budget Implementation Act, 2018, No. 2, Statutes of Canada 2018, c.27, received Royal Assent on December 13, 2018. As discussed in our earlier article, this is wide-ranging legislation implementing various provisions of...more

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