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NEW In-House Counsel | Insurance | Intellectual Property | Immigration | Natural Resources | Real Estate | Tax

Patent 'file wrapper' ban showing its age

Thursday, January 19, 2017 @ 7:00 PM | By Jenna Wilson and Mee Ling Wong

For decades, Canadian patentees have benefited from a particular type of immunity when asserting their patents in court: whatever was said to the patent office about the scope of the patented monopoly sought stays in the patent office.

In extreme cases, this has enabled patentees to take positions in litigation that implicitly or explicitly contradicted the position taken before the patent office to secure patent rights in the first place. While these situations are undoubtedly rare, their occurrence in recent cases seems to have triggered a...