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Federal Court of Appeal upholds ruling in patent application case

Monday, April 23, 2018 @ 2:46 PM | By Amanda Jerome

The Federal Court of Appeal’s dismissal of an appeal brought by Bayer Cropscience over a patent application date highlights how entrenched the public interest is in the patent regime, according to an intellectual property (IP) lawyer.

In Bayer Cropscience LP v. Canada (Attorney General) 2018 FCA 77, the court heard that the appellant, Bayer Cropscience (Bayer), had submitted a patent application on April 3, 2012, to the United States Patent and Trademark Office (USPTO). The patent office requested diagrams prior to the assignment of a filing...