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Patent Validity Patent Applications Canada

Smart & Biggar

Avoiding the hindsight trap in the context of a patent obviousness analysis

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While courts have often warned that hindsight bias should be avoided when assessing whether a patented invention would have been obvious to the skilled person, the application of this principle can be challenging in practice....more

Smart & Biggar

Protecting innovations through patent due diligence and FTO analysis

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Innovations that arise in competitive markets with a well-developed and rapidly evolving intellectual property space often integrate several pre-existing technologies from various scientific and engineering disciplines. If...more

Smart & Biggar

Double Patenting: A comparative guide between U.S. & Canadian practice

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Double patenting has become a common challenge to patent validity in Canada since the decision rendered by the Supreme Court of Canada in Whirlpool Corp. v Camco Inc in 2000. The Canadian double patenting doctrine is similar...more

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