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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...