Updated: SCC revamps patent utility standard by scrapping 'promise doctrine'
Friday, June 30, 2017 @ 12:06 PM | By Cristin Schmitz
In a patentee-friendly revamp of Canada’s patent utility standard, the Supreme Court has ruled that the “promise of the patent” doctrine is “not good law” and should no longer be used as a yardstick to assess whether a patent for an invention discloses sufficient utility under s. 2 of the Patent Act.
Justice Malcolm RoweThe top court’s 9-0 judgment June 30 rules that the Federal Courts should no longer apply the controversial common law doctrine that critics argued produced uncertainty and was inconsistent with the country’s...
Justice Malcolm RoweThe top court’s 9-0 judgment June 30 rules that the Federal Courts should no longer apply the controversial common law doctrine that critics argued produced uncertainty and was inconsistent with the country’s...
